The Board has determined that the effective date for the grant of service connection for the cause of the veteran's death cannot be earlier than October 7, 2004 due to the liberalizing change in law and the appellant's failure to appeal prior decisions.
The deciding factor: The claim was reopened within one year of the effective date of the change in law, but no benefit could be paid before a valid claim is filed. The earliest effective date that can be assigned for the grant of service connection is October 7, 2004.
- Claimed conditions
- cardio-respiratory arrest, congestive heart failure, acute renal failure
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 17, 2008
- Citation
- 0823746
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 0823746.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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