The claim for service connection for Graves' disease and a disability due to environmental hazards was reopened based on new evidence, but the Veteran's military service did not meet threshold eligibility requirements for application of 38 U.S.C.A. § 1117.
The deciding factor: The evidence added since the July 2000 rating decision is new and material, establishing a current disability, but the Veteran was not a Persian Gulf War veteran due to lack of service in the Southwest Asia theater of operations during the Persian Gulf War.
- Claimed conditions
- Graves' disease, Night sweats, Headaches, Tremors, Hair loss, Loss of memory, Difficulty breathing, Joint and muscle pain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0909979
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.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Dismissed
The Veteran withdrew the appeal in September 2025, stating that she is now 100% permanently and totally disabled effective April 29, 2025.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 50 percent for PTSD with TBI and a disability rating in excess of 10 percent for headaches as secondary to PTSD with TBI due to a duty to assist error.
- Partly granted
The Board denied service connection for erectile dysfunction and remanded the claims for a sleep disorder and headaches to ensure proper development of evidence.
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