The Veteran's death was due to severe occlusive coronary artery disease, which is presumed to be caused by exposure to herbicide agents. The appellant filed a claim for DIC benefits within one year of the Veteran's death and was found eligible as a Nehmer class member. However, her remarriage in 2014 rendered her ineligible for recognition as the surviving spouse from that date onwards.
The deciding factor: The Veteran served in Vietnam and died from ischemic heart disease presumed to be caused by herbicide exposure. The appellant filed within one year of his death and was found eligible under Nehmer class member provisions.
- Claimed conditions
- severe occlusive coronary artery disease, arteriosclerotic cardiovascular disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 21, 2024
- Citation
- A24067412
Veterans Law Judge
Decisions by this judge: 1,612 · Granted: 16% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24067412.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remanded the case to obtain missing medical records and a new medical opinion regarding the Veteran's cause of death.
- Dismissed
The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. No one has requested substitution for the Veteran.
- Remanded (sent back)
The Board has remanded the claims for an effective date prior to March 16, 2021 for service connection of arteriosclerotic cardiovascular disease and ratings for amputation of middle or lower thirds of the right leg and arteriosclerotic cardiovascular disease. The TDIU claim is also remanded.
- Granted
The Veteran's service-connected disabilities, including coronary artery disease and lumbosacral strain, rendered him unable to secure or maintain substantially gainful employment on and prior to January 11, 2023. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was also established.
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