The Board has determined that the initial grant of service connection for ALS was clearly and unmistakably erroneous due to the Veteran not having active, continuous service of 90 days or more. As a result, service connection for ALS was severed effective August 1, 2010.
The deciding factor: Service connection for ALS was granted on a presumptive basis under VA regulations that were amended in September 2008 to include ALS as a presumptive chronic condition. However, the Veteran did not have active, continuous service of 90 days or more and there is no competent evidence linking his current diagnosis of ALS to service.
- Claimed conditions
- ALS
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 21, 2012
- Citation
- 1221687
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 1221687.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Denied
The Board denied service connection for the Servicemember's cause of death, including ALS, myasthenia gravis, and metastatic prostate cancer, as they were not incurred during or related to his military service.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
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