The Veteran's claim for an effective date prior to June 24, 2011, for the award of service connection for coronary artery disease with congestive heart failure is denied as he did not file his original claim within one year of discharge from service and no earlier effective date is warranted due to lack of legal eligibility.
The deciding factor: The Veteran's intent to apply for benefits was never communicated in writing prior to June 24, 2011. He filed an informal claim on that date, which became a formal claim when he submitted VA Form 21-526 on August 3, 2011. The effective date of service connection is the date of receipt of the claim, or the date entitlement arose, whichever is later.
- Claimed conditions
- Coronary artery disease with congestive heart failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2015
- Citation
- 1500116
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 1500116.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
The Board granted service connection for a heart disability, Meniere's disease, and restless arm and leg syndromes on a presumptive basis due to exposure to herbicide agents during service in Vietnam. It also granted earlier effective dates for bilateral sensorineural hearing loss and tinnitus, as well as an initial 100 percent rating for bilateral sensorineural hearing loss.
- Granted
The Veteran's coronary artery disease with congestive heart failure is rated at 100 percent from September 1, 2006 to April 20, 2007 and from August 1, 2007 to March 29, 2009.
- Denied
The Veteran's claim for an earlier effective date for service connection of coronary artery disease with congestive heart failure was denied as his intent to file a claim was received more than one year after the liberalizing law that added ischemic heart disease to presumptive service connection.
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