The Veteran's death was within the one-year period during which he could have filed a notice of disagreement (NOD) for his claims. However, no NOD was filed and the appellant did not file any documents indicating an intent to appeal or disagree with the September 2011 rating decision prior to her husband's death.
The deciding factor: The Veteran's claims were pending at the time of his death but no timely notice of disagreement (NOD) was filed within one year from the date of the September 2011 rating decision, making the decision final and preventing the appellant from filing a claim for accrued benefits.
- Claimed conditions
- ischemic heart disease, adenocarcinoma, posttraumatic stress disorder (PTSD), hypertension (HTN)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 25, 2015
- Citation
- 1512712
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 1512712.
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 Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Denied
The Board denied the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
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