The Board has determined that the appellant's claim for non-service connected death pension benefits was pending and not denied until March 8, 2004. Therefore, the effective date of the award is set at March 8, 2004.
The deciding factor: VA did not properly notify the appellant of its February 2005 decision denying his claim for non-service connected death pension benefits, which resulted in a violation of due process and allowed the claim to remain pending.
- Claimed conditions
- ALS (Amyotrophic Lateral Sclerosis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2017
- Citation
- 1721538
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 1721538.
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.
- Dismissed
The Veteran's appeal for a disability rating in excess of 100 percent for ALS with loss of use of bilateral lower extremities was dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied the claim for an earlier effective date for service connection for the cause of the Veteran's death, finding that no earlier effective date can be assigned as a matter of law due to the appellant filing her initial claim on July 20, 2012.
- Denied
The Board denied the appellant's request to reopen her claim for service connection for cause of the Veteran’s death as new and material evidence was not submitted, and the evidence did not raise a reasonable possibility of substantiating the claim.
- Denied
The Veteran's surviving spouse, who was not married to the Veteran for at least one year prior to his death, does not meet the eligibility criteria for DIC benefits.
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