The Veteran's death was caused by a heart condition, which is listed as a presumptive disability for former POWs. The appellant filed her claim more than one year after the effective date of the liberalizing law allowing for this presumption, so she is not entitled to an earlier effective date.
The deciding factor: The appellant did not meet the eligibility criteria for retroactive benefits due to filing her claim more than one year after the effective date of the liberalizing regulation.
- Claimed conditions
- adenocarcinoma of the colon, chronic renal failure, arteriosclerotic cardiovascular disease, arteriosclerotic peripheral vascular disease, chronic obstructive pulmonary disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2009
- Citation
- 0922612
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 0922612.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
- Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
- Dismissed
The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.
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