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
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Denied
The Board denied service connection for peripheral neuropathy in both upper extremities and the TDIU claim prior to July 12, 2011. The Veteran's disabilities alone did not render him unemployable at that time.
- Remanded (sent back)
The Board has remanded the claims of service connection for peripheral neuropathy, left and right lower extremities due to a duty to assist error. The Veteran's ischemic heart disease is rated at 10 percent.
- Remanded (sent back)
The Veteran's service-connected peripheral neuropathy in all extremities is being remanded for further evaluation and potential rescheduling of VA examinations.
- Denied
The Veteran's appeal for a higher level of special monthly compensation (SMC) was denied as he is already in receipt of the maximum SMC rate due to his service-connected disabilities, including coronary artery disease and PTSD/MDD at 60% or more.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.