The Board denied the appeal as it pertains to the finality of the October 2016 rating decision that denied compensation under 38 U.S.C. § 1310, and also denied entitlement to revision of the October 2016 rating decision on the basis of clear and unmistakable error (CUE).
The deciding factor: The correct facts, as known at the time, were before the VA adjudicators in October 2016 and the statutory and regulatory provisions extant at the time were correctly applied.
- Claimed conditions
- Acute fentanyl intoxication with contributing factor of cardiac hypertrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2022
- Citation
- 22000328
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
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