The Veteran's heart disease is not service-connected for retroactive benefits under Nehmer v. Veterans Administration of the Gov't of the U.S., and an earlier effective date for DIC benefits cannot be granted.
The deciding factor: The Veteran did not serve in Vietnam, making him ineligible for retroactive benefits under Nehmer v. Veterans Administration of the Gov't of the U.S. The appeal is denied as a matter of law due to lack of applicable service connection theory and facts.
- Claimed conditions
- heart disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2016
- Citation
- 1609942
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 1609942.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for service connection for hypertension, diabetes, heart disease, and kidney disease are being remanded due to the need for VA examinations to determine if these conditions are related to his exposure to contaminants in the water supply at Camp Lejeune during service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for artery disease, COPD, diabetes, and heart disease due to potential exposure to herbicide agents during his active duty.
- Denied
The Veteran's death was not service-connected, and he did not have the required wartime service for pension benefits.
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