The Veteran's claim for an earlier effective date for service connection of ischemic heart disease was denied as the earliest possible effective date is September 20, 2010 due to the applicable regulations and his status as a Nehmer class member.
The deciding factor: The effective date cannot be earlier than September 20, 2010 because the Veteran's claim for service connection was received in September 2011, which is more than one year after his separation from service. The applicable regulations do not authorize an earlier effective date under these circumstances.
- Claimed conditions
- Ischemic Heart Disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- May 11, 2016
- Citation
- 1618989
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 1618989.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected ischemic heart disease was granted a 30% disability rating effective August 31, 2010. The condition manifested as cardiac hypertrophy and a workload of greater than 5.0 but less than 7.0 METs without congestive heart failure or LVEF of 50 percent or less.
- Remanded (sent back)
The Veteran's service-connected disabilities, including PTSD, ischemic heart disease, diabetic neuropathy, prostate cancer residuals, bilateral diabetic peripheral neuropathy of the lower extremities (sciatic), and diabetes mellitus Type 2, combine to result in physical or mental impairment that renders him so helpless as to require regular aid and attendance of another person. However, the need for aid and attendance must be determined without considering nonservice-connected disabilities.
- Granted
The Board has granted the Veteran's claims for earlier effective dates of April 12, 2022, but no earlier, for service connection of Ischemic Heart Disease (IHD), Diabetes Mellitus, Type II, Right Lower Extremity Peripheral Artery Disease (RLPAD), Left Foot Little and Third Toe Amputation, Left Foot Great Toe Amputation, and Left Lower Extremity Residual Surgical Scars.
- Remanded (sent back)
The Veteran's claim for increased ratings and TDIU is being remanded due to the need to consider additional evidence not previously considered.
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