The Veteran's Parkinson’s disease and associated complications were granted service connection effective July 31, 2019. The Board denied earlier effective dates for the awards.,The Veteran was not diagnosed with Parkinson’s disease until January 30, 2017, which is after August 31, 2010 when it became a presumptive herbicide-related disease.
The deciding factor: The Veteran's diagnosis of Parkinson’s disease and associated complications occurred after the effective date for the liberalizing law (August 31, 2010) and earlier effective dates are not provided by the Nehmer regulations or 38 C.F.R. § 3.114.
- Claimed conditions
- Parkinson’s disease, mild balance and moderate bradykinesia, right upper extremity tremor with muscle rigidity and stiffness, right lower extremity tremor with muscle rigidity and stiffness, left upper extremity tremor with muscle rigidity, left lower extremity tremor with muscle rigidity and stiffness, constipation, loss of automatic movements, changes in speech, difficulty chewing and swallowing, impotency without penile deformity, loss of smell, stooped posture, unspecified depressive disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- A19002426
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Granted
The Board granted a 70 percent rating for the Veteran's unspecified depressive disorder, finding that her symptoms more closely approximated those required for such a rating.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, to include major depressive disorder, mood disorder, and unspecified depressive disorder due to pre-decisional duty to assist errors.
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