The appellant is not entitled to an earlier effective date for the award of DIC benefits due to her claim being filed more than one year after the regulatory amendment took effect, and she did not meet all eligibility criteria on the effective date of the law or VA issue.
The deciding factor: The appellant's claim was filed more than one year after the October 2004 regulatory change that granted presumptive service connection for atherosclerotic heart disease and hypertensive vascular disease for former POWs, and she did not meet all eligibility criteria on the effective date of the law or VA issue.
- Claimed conditions
- myocardial infarction (MI), severe coronary artery disease (CAD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2012
- Citation
- 1240301
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1240301.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims are being remanded due to the need for additional medical examinations and opinions regarding his service connection claims. The VA will obtain these necessary evaluations in order to provide a proper determination.
- Granted
The Veteran's heart conditions, including CAD, MI, atherosclerotic cardiovascular disease, congestive heart failure, supraventricular arrhythmia, and CABG are granted as presumed due to herbicide exposure. DM is also granted. Peripheral neuropathy of the LLE, RLE, LUE, and RUE is granted secondary to DM.
- Granted
The Board has determined that the severance of service connection for ventricular arrhythmia was improper and has granted full restoration of severed benefits.
- Granted
The Veteran's heart disabilities, including RBBB heart block, bradycardia, and MI, are granted as secondary to his service-connected coronary artery disease (CAD).
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