The Board denied the appellant's request for an earlier effective date of April 20, 1995, for the award of service connection for the cause of her husband's death due to atherosclerotic cardiovascular disease. The claim was initially denied in August 1995 and reopened in July 2011 based on new evidence linking the Veteran's heart disease to herbicide exposure during his service in Thailand. However, the Board found that reconsideration of the original claim is not warranted due to lack of relevant official service department records at the time.
The deciding factor: The appellant did not provide sufficient information for VA to identify and obtain relevant service department records from the Department of Defense when she originally filed her claim in 1995, which prevented reconsideration under 38 C.F.R. § 3.156(c).
- Claimed conditions
- atherosclerotic cardiovascular disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2023
- Citation
- 23020028
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 23020028.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of death and its relation to service. The Veteran's atherosclerotic cardiovascular disease and colon cancer are being evaluated for their relationship to toxic exposure during service.
- Dismissed
The Veteran's appeal for a disability rating in excess of 10 percent for myocardial infarction, atherosclerotic cardiovascular disease, and coronary artery disease was dismissed due to the Veteran's withdrawal of his claim.
- Granted
The Veteran's atherosclerotic cardiovascular disease was granted an initial 60 percent disability rating from February 23, 2023 to February 19, 2024. The appeal is denied for ratings in excess of 60 percent and entitlement to TDIU and SMC.
- Dismissed
The Veteran's TDIU claim for the period from February 27, 2020 is dismissed as moot because he has a combined 100% disability rating and does not meet the criteria for Special Monthly Compensation (SMC) due to being permanently housebound.
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