The Veteran died of ALS, and the appellant was awarded DIC benefits based on service connection for the cause of death due to ALS. The effective date assigned is September 28, 2008, which is the earliest possible date under VA regulations.
The deciding factor: VA regulations do not allow an earlier effective date than September 28, 2008 for the award of DIC benefits based on presumptive service connection for ALS due to a liberalizing regulation that took effect on September 23, 2008.
- Claimed conditions
- ALS
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2014
- Citation
- 1451035
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 1451035.
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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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