The Veteran's death certificate indicated that acute myocardial infarction was one of the causes of his death, and the evidence supports a finding that he had service in Vietnam during the Vietnam Era. Therefore, the appellant is considered a 'Nehmer class member' and her claim for accrued benefits does not need to be filed within one year of the Veteran's death.
The deciding factor: The Veteran was found to have ischemic heart disease due to herbicide exposure as per the Agent Orange Act of 1991, which is a covered herbicide disease. As a 'Nehmer class member,' her claim for accrued benefits does not need to be filed within one year of his death.
- Claimed conditions
- Ischemic heart disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- August 11, 2015
- Citation
- 1534295
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 1534295.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 claim for an initial rating of 30 percent prior to July 18, 2014, and a higher than 60 percent rating thereafter for ischemic heart disease is being remanded due to incomplete evidence. The examiner needs to provide more detailed information about the severity of his service-connected condition.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an earlier effective date and increased rating for ischemic heart disease due to a failure by the AOJ to request SSA records, which were not available.
- Granted
The Board has granted service connection for ischemic heart disease and myocardial infarction, status post stent placement, as well as obstructive sleep apnea, finding that the Veteran's current conditions are related to his military service.
- Denied
The Board denied service connection for ischemic heart disease as there was no evidence of herbicide exposure and the Veteran's condition is not related to his military service.
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