The Veteran's death was due to ischemic heart disease, which is a covered herbicide disease. The Appellant filed for DIC benefits on October 27, 2003, more than one year after the Veteran's death. Therefore, the effective date of the DIC award cannot be earlier than October 27, 2003.
The deciding factor: The claim was not received within one year from the date of the Veteran’s death and therefore does not meet the criteria for an earlier effective date under applicable regulations.
- Claimed conditions
- cause of death (ischemic heart disease including atherosclerotic cardiovascular disease)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 28, 2018
- Citation
- 18130187
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. Read the original VA decision (opens in a new tab) using citation 18130187.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Whole decision: Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Whole decision: Granted
The Veteran's tinnitus is presumed to have been incurred in service due to noise exposure during his time in Vietnam.
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