The Board has determined that the original grants of service connection for Hodgkin's disease, CHF and pulmonary hypertension with tachycardia and automatic implantable cardioverter defibrillator (ACID) placement, and peripheral neuropathy were clearly and unmistakably erroneous due to incorrect application of VA law and regulation.
The deciding factor: The Board found clear and unmistakable error in the AOJ's grant of service connection for Hodgkin's disease on a direct basis and then incorrectly applied presumptive service connection regulations under 38 C.F.R. §§ 3.307(a), 3.309(a).
- Claimed conditions
- Hodgkin's disease, Congestive Heart Failure and Pulmonary Hypertension with tachycardia and automatic implantable cardioverter defibrillator (ACID) placement, Peripheral neuropathy, right upper extremity, Peripheral neuropathy, left upper extremity, Peripheral neuropathy, right lower extremity, Peripheral neuropathy, left lower extremity
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20074142
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.
- Dismissed
The appeal for service connection and initial rating claims has been withdrawn by the Veteran.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) and an effective date of August 13, 2019, for the grant of Special Monthly Compensation (SMC) based on the need for aid and attendance.
- Denied
The Board denied the veteran's claims for an increased rating for posttraumatic stress disorder, service connection for gallbladder disease and functional gastrointestinal disorders, and remanded claims for peripheral neuropathy, gastroesophageal reflux disease, and residuals of liver disease.
- Remanded (sent back)
The Board remands the claim for service connection for peripheral neuropathy to obtain a new VA medical opinion due to inadequate previous opinions.
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