The Board denied an earlier effective date for DIC benefits, finding that the claim was not received within one year of the Veteran's death and that the new service records submitted in October 2016 were not relevant to the prior decision.
The deciding factor: The new service records did not affect the outcome of the prior rating decision as they contained information already known and undisputed at the time of the original decision.
- Claimed conditions
- Cause of death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143243
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for further development to determine if the Veteran was exposed to herbicide agents during his service.
- Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death to correct a pre-decisional duty to assist error, specifically regarding an examination to determine if the Veteran's cause of death was related to his service-connected PTSD and conceded exposure to herbicide agents.
- Remanded (sent back)
The Board is remanding the case to obtain an opinion on whether the Veteran's cause of death was due to in-service Agent Orange exposure.
- Remanded (sent back)
The Board remands the matter for a VA medical opinion to determine if the Veteran's service-connected conditions contributed to his death.
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