The Board found that the reduction in the veteran's rating for residuals of cancer of the larynx was not proper, but did not restore the 100 percent evaluation. The claim to reopen service connection for PTSD was granted.
The deciding factor: The record demonstrated sustained material improvement in symptoms attributable to the service-connected disability at the time of reduction, and new evidence was found to be relevant to an unestablished fact necessary to substantiate the claim for PTSD.
- Claimed conditions
- residuals of cancer of the larynx, post-traumatic stress disorder (PTSD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- 10%
- Decision date
- April 29, 2008
- Citation
- 0814019
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for an evaluation in excess of 70 percent disabling for service-connected PTSD due to duty-to-assist errors.
- Denied
The Board denied the Veteran's claims for increased ratings for right hip bursitis, left knee strain, TBI, and PTSD.
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