The Veteran's claim for an earlier effective date for the award of service connection for coronary artery disease, associated with herbicide exposure in the Korean DMZ, is denied as he does not qualify under the Nehmer class exception and the liberalizing law adding ischemic heart disease to the list of presumptive disabilities related to herbicide exposure became effective on August 31, 2010.
The deciding factor: The Veteran's service in the Korean DMZ did not include service in Vietnam, thus he is not a Nehmer class member and cannot qualify for an earlier effective date under the provisions of 38 C.F.R. § 3.816.
- Claimed conditions
- Coronary artery disease, Myocardial infarction
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 8, 2017
- Citation
- 1756802
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 1756802.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Granted
The Board has granted service connection for ischemic heart disease and myocardial infarction, status post stent placement, as well as obstructive sleep apnea, finding that the Veteran's current conditions are related to his military service.
- Granted
The Veteran's service-connected PTSD has prevented him from securing or following substantially gainful employment since September 27, 2010. Additionally, he is in receipt of a 60 percent disability rating for coronary artery disease, which meets the criteria for SMC at the housebound rate.
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