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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0707817.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Denied
The Board has determined that the Veteran's death was not caused by or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for cause of death.
- Remanded (sent back)
The Board has remanded the issues of service connection for atrial fibrillation, benign prostatic hypertrophy with outflow obstruction, congestive heart failure, and hypertension due to inadequate VA opinions. The Veteran's exposure during service is conceded to include asbestos and gas chamber exposures.
- Denied
The Board denied service connection for various conditions, including psychiatric disorders, chronic fatigue, congestive heart failure, DM II, hypertension, and a right shoulder condition. The Veteran's claims were based on presumed exposure to contaminated water at Camp Lejeune.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.