The veteran died of congestive heart failure due to kidney infection and questionable intra-abdominal carcinoma. Prior to October 7, 2004, the appellant could not establish presumptive service connection for cause of death based on congestive heart failure as it was not listed among the enumerated diseases in 38 C.F.R. § 3.309(c). Effective October 7, 2004, the regulation added congestive heart failure to the list of presumptive diseases for former POWs.
The deciding factor: The appellant could establish presumptive service connection for cause of death as a result of congestive heart failure only after October 7, 2004 due to the liberalizing amendment to 38 C.F.R. § 3.309(c).
- Claimed conditions
- congestive heart failure, kidney infection, questionable intra-abdominal carcinoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 15, 2007
- Citation
- 0707817
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. Search VA.gov for the original decision (opens in a new tab) using citation 0707817.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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