The Veteran's claim for an earlier effective date for his service-connected heart disability was denied as there were no accrued benefits due at the time of his death, and any claim based on CUE or under Nehmer is barred.
The deciding factor: There were no pending claims at the time of the Veteran’s death that would result in unpaid benefits owed to him. The appellant lacks standing to pursue an earlier effective date based on CUE or under Nehmer.
- Claimed conditions
- Heart Failure, Atrial Fibrillation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 28, 2018
- Citation
- 18114804
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 18114804.
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.
- Granted
Service connection for OSA is granted, and the Veteran's initial ratings for atrial fibrillation, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right upper extremity neuralgia, and left upper extremity neuralgia are all granted at 10 percent.
- Denied
The Board denied the Veteran's claims for service connection for Congestive Heart Failure with Atrial Fibrillation with AICD and Hypertension (High Blood Pressure), finding that there was no evidence of direct service connection, and that the conditions were not caused or aggravated by service-connected OSA.
- Denied
The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Remanded (sent back)
The Veteran's death was caused by his conditions (Ventricular Fibrillation, Cardiac Arrest, and Heart Failure), which the Board finds may have been exacerbated or worsened due to VA treatment. The Board is remanding the case for a new medical opinion to determine if VA negligence contributed to the Veteran's death.
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