The Board denied an earlier effective date for DIC benefits, finding that the presumption of regularity held and there was no clear evidence to rebut it. The Appellant argued she never received notification of a November 1997 rating decision denying her petition to reopen her claim for service connection for cause of death.
The deciding factor: The Board found that the presumption of regularity held, as evidenced by the Appellant's representation and submission of supporting documents, which did not indicate non-receipt of the November 1997 rating decision.
- Claimed conditions
- Cause of death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- A20019412
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 A20019412.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.