The Board denied the claim for an earlier effective date for service connection for the cause of the Veteran's death, finding that no earlier effective date can be assigned as a matter of law due to the appellant filing her initial claim on July 20, 2012.
The deciding factor: No earlier effective date can be assigned as a matter of law because the appellant filed her initial claim for benefits on July 20, 2012 and there is no indication of an earlier claim.
- Claimed conditions
- ALS (Amyotrophic Lateral Sclerosis)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2021
- Citation
- 21005822
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 21005822.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for a disability rating in excess of 100 percent for ALS with loss of use of bilateral lower extremities was dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied the appellant's request to reopen her claim for service connection for cause of the Veteran’s death as new and material evidence was not submitted, and the evidence did not raise a reasonable possibility of substantiating the claim.
- Denied
The Veteran's surviving spouse, who was not married to the Veteran for at least one year prior to his death, does not meet the eligibility criteria for DIC benefits.
- Granted
The Board has determined that the appellant's claim for non-service connected death pension benefits was pending and not denied until March 8, 2004. Therefore, the effective date of the award is set at March 8, 2004.
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