The Board denied service connection for arthritis due to in-service exposure to Agent Orange, and remanded the issue of hypertension due to herbicide exposure. The Veteran's arthritis is not considered to have been incurred during or within a presumptive period following service, nor does it show continuity of symptomatology. Hypertension was first diagnosed decades after service and well outside any presumed period.
The deciding factor: The evidence did not establish that the Veteran’s arthritis had its onset in service or within the applicable presumptive period; continuity of symptomatology is also lacking. The Board found no indication that hypertension began during active service, manifested within one year after discharge from service, or was noted during service with continuity of the same symptomatology.
- Claimed conditions
- arthritis, hypertension
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103391
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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