The Board denied an earlier effective date for DIC benefits, finding that the most recent request to reopen the claim was received on July 30, 2014. The effective date is therefore set at the date of receipt of the claim to reopen (July 30, 2014).
The deciding factor: The Board found that the Veteran did not meet the requirements for retroactive compensation benefits under Nehmer v. U.S. Department of Veterans Affairs due to lack of denial or pending claims within the specified timeframes.
- Claimed conditions
- Astrocytoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19193301
Veterans Law Judge
Decisions by this judge: 940 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19193301.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding that his death was not caused by or related to any condition incurred or aggravated during his military service.
- Denied
The Veteran's death from brain herniation and an astrocytoma did not occur during service, and the cause of death was attributed to a service-connected disability (PTSD) or other conditions. The VA medical opinion concluded that the astrocytoma was less likely than not related to his active military service.
- Denied
The Board denied service connection for the cause of the Veteran’s death, finding that his brain cancer was not caused by any service-connected disability or exposure to herbicides and radiation. The claim was based on direct evidence rather than a presumption.
- Denied
The Board found that the cause of the Veteran's death (cardiorespiratory arrest due to astrocytoma) was not caused by or substantially contributed to by a service-connected disability. The diabetes mellitus, type II, which is presumed to have been incurred in service, did not contribute substantially or materially to his death.
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