The Veteran's neck disability, characterized as degenerative joint disease of the cervical spine, is granted service connection.,Service connection for left arm radiculopathy is remanded due to insufficient evidence in the record.,Service connection for diverticulitis is denied as there is no persuasive evidence that it began during or approximate to the pendency of the claim.,Service connection for hemorrhoids is denied as there is no persuasive evidence that they began during active service, or are otherwise related to an in-service injury or disease.,Chronic lymphocytic leukemia, a condition subject to presumptive service connection due to exposure to burn pits and other environmental hazards, is granted based on the PACT Act.
The deciding factor: The July 2015 VA examination report provided a diagnosis of degenerative arthritis of the cervical spine with a date of diagnosis in 2007. The Veteran reported problems with his neck since 2006, with intermittent pain and stiffness.,There is insufficient evidence to substantiate the claim for left arm radiculopathy as there are no medical records or examinations indicating such a condition existed during service or within the appeal period.,The evidence does not persuasively show that diverticulitis began during active service, or is otherwise related to an in-service injury or disease. The Veteran's own statements and treatment records do not provide sufficient information to support this claim.,There is no persuasive evidence showing that hemorrhoids began during active service, or are otherwise related to an in-service injury or disease. The April 2016 VA treatment record already documented a diagnosis of hemorrhoids prior to the pendency of the current claim period.,The Veteran has been diagnosed with chronic lymphocytic leukemia and this condition is subject to presumptive service connection as a disease associated with his presumed in-service exposure to burn pits and other environmental hazards. The PACT Act grants presumptive service connection for such conditions.
- Claimed conditions
- Degenerative Joint Disease of the Cervical Spine, Diverticulitis, Hemorrhoids, Chronic Lymphocytic Leukemia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 5, 2022
- Citation
- 22067211
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 22067211.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeal for an increased evaluation of his hemorrhoids, so the case is dismissed.
- Dismissed
The Veteran's appeal for an increased rating for Chronic Lymphocytic Leukemia has been dismissed because there is no valid June 2021 rating decision to appeal.
- Denied
The Veteran's claim for a compensable rating for her service-connected hemorrhoids was denied as the evidence did not show large or thrombotic, irreducible hemorrhoids with excessive redundant tissue, evidencing frequent recurrence.
- Remanded (sent back)
The Veteran's claim for service connection for GERD is being remanded due to the need for additional medical opinions and correction of duty to assist errors.
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