The Veteran's claim for an earlier effective date for service connection for coronary artery disease and type II diabetes was dismissed as the claims were not pending at the time of his death.,The Veteran's claim for an earlier effective date for service connection for coronary artery disease and type II diabetes was also dismissed because the appeals were untimely filed.
The deciding factor: Claims for earlier effective dates are barred when they are not timely filed, as in this case where the claims were filed more than one year after the initial rating decisions.
- Claimed conditions
- coronary artery disease, type II diabetes mellitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132397
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the Veteran's claim for an increased rating in excess of 20 percent for type II diabetes mellitus to address a pre-decisional duty to assist error regarding VA not requesting private treatment records.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
- Remanded (sent back)
The Board remands the claim for service connection for coronary artery disease to correct duty to assist errors, as there are no adequate medical opinions of record.
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