The Veteran's death was caused by ALS, a condition that is presumed to be service-connected based on the new liberalizing regulation effective September 23, 2008. The appellant's claim for DIC benefits was denied in July 2006 and reopened in August 2007. As the award of presumptive service connection applies retroactively from the date of the regulation, the earliest possible effective date is September 23, 2008.
The deciding factor: The appellant's claim for DIC benefits was denied due to a final July 2006 rating decision and reopened in August 2007. The new liberalizing regulation effective September 23, 2008, established presumptive service connection for ALS, which applies retroactively from that date.
- Claimed conditions
- ALS
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2013
- Citation
- 1314065
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 1314065.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Denied
The Board denied service connection for the Servicemember's cause of death, including ALS, myasthenia gravis, and metastatic prostate cancer, as they were not incurred during or related to his military service.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
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