The Veteran's claim for an earlier effective date for atherosclerotic cardiovascular disease was denied as the earliest possible effective date is October 15, 2016 due to the liberalizing law and retroactive application.
The deciding factor: The claim was reviewed more than one year after the effective date of the applicable liberalizing law, allowing for retroactive effective dates based on herbicide exposure.
- Claimed conditions
- atherosclerotic cardiovascular disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20003452
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 a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
- Partly granted
The Board granted an initial 30 percent rating for the Veteran's service-connected cardiovascular disability, but denied a higher rating from December 15, 2022, through September 14, 2025.
- Partly granted
The Veteran was granted a temporary rating of 100 percent for his heart disability from March 1, 2021 to June 1, 2021, but the claim for an increased rating in excess of 60 percent prior to and after this period was denied.
- Granted
The Board granted service connection for atherosclerotic cardiovascular disease based on the Veteran's exposure to herbicide agents during service in Vietnam.
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