The Veteran's death was not service connected due to lack of evidence linking his conditions to his military service. However, the PACT Act now allows for consideration of exposure to contaminated water at Camp Lejeune as a basis for service connection.
The deciding factor: The cause of death listed on the Veteran's death certificate is not service-connected under current regulations and there is no direct evidence linking these conditions to his military service. However, with the implementation of the PACT Act, exposure to contaminated water at Camp Lejeune can now be considered for service connection.
- Claimed conditions
- Acute respiratory failure, Sepsis, Perforated colonic diverticulum, Acute pulmonary embolism
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- February 20, 2024
- Citation
- 24008334
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 24008334.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for cause of death.
- Denied
The Board has denied the Veteran's claim for service connection for cause of death due to acute respiratory failure and subdural hematoma, finding that no service-connected disability contributed substantially or materially to his death. The Veteran served in Vietnam but there is no evidence of a service-connected condition related to Agent Orange exposure.
- Remanded (sent back)
The Board has granted the appellant's petition to readjudicate her claim for service connection for cause of the Veteran's death due to new and relevant evidence. However, the case is remanded as the AOJ must consider the merits of the claim on its own.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death (acute respiratory failure, atrial fibrillation, and/or hypertension) is related to his active duty service, including from exposure to toxins and chemicals from open burn pits during the harsh winters in Korea. The Board finds a pre-decisional duty to assist error and remands for obtaining a VA medical opinion.
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