The Board denied the Appellant's claim for an earlier effective date for DIC, finding that there was no clear and unmistakable error in the February 2014 rating decision. The Board also found that July 3, 2017 is the earliest possible effective date for the grant of service connection for DIC.
The deciding factor: The Appellant did not present evidence showing that the February 2014 rating decision contained CUE and failed to show that direct service connection would have been granted if considered at that time.
- Claimed conditions
- heart condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069970
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.
- Denied
The Board denied service connection for GERD, a heart condition, hypertension, a kidney condition, and obstructive sleep apnea as there is no evidence of current disabilities related to these conditions or that they are etiologically linked to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for a new medical opinion to address whether the Appellant's heart condition had onset during his period of ACDUTRA service.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Remanded (sent back)
The Board remands the matter to obtain a medical opinion on the nature and etiology of the Veteran's heart condition, considering potential service connection under the PACT Act.
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