The Veteran's claim for an earlier effective date and increased rating for coronary artery disease with bypass graft was denied. The Board found that the July 2011 rating decision, which granted service connection based on exposure to Agent Orange, did not involve clear and unmistakable error.
The deciding factor: The evidence submitted by the Veteran after the July 2011 rating decision was not part of the record at the time of the decision and thus could not be considered in determining whether there was a clear and unmistakable error.
- Claimed conditions
- coronary artery disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003763
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.
- 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.
- 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.
- Granted
The Veteran's service-connected coronary artery disease, vascular headaches, and cerebrovascular accident with left eye vision problem rendered him unable to secure and follow substantially gainful employment from April 1, 2015 to May 28, 2018.
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