The Board granted presumptive service connection for asthma under the PACT Act, denied service connection for fatigue and an acquired psychiatric disorder other than PTSD, and remanded several claims for further development.
The deciding factor: The decision was based on the Veteran's Persian Gulf War service and the provisions of the PACT Act for asthma. Fatigue and depression were not considered separate disabilities but rather symptoms of existing service-connected conditions. The remaining claims required additional evidence to be developed.
- Claimed conditions
- asthma, fatigue, acquired psychiatric disorder other than PTSD (depression), gastrointestinal disorder, skin disorder other than pseudofolliculitis barbae (PFB), allergies
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000393
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for Parkinson's disease/parkinsonism, a gastrointestinal disorder, a speech disorder, and essential tremor due to an inadequate VA examination.
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