The Board granted service connection for chronic lymphocytic leukemia, diabetes mellitus, type II, lung cancer, and tinnitus based on the Veteran's exposure to herbicide agents during his service near the Korean DMZ. The appeal for erectile dysfunction was remanded for further development.
The deciding factor: The evidence is at least in relative equipoise as to whether the Veteran was exposed to herbicide agents while serving near the Korean demilitarized zone (DMZ), and this exposure led to his chronic lymphocytic leukemia, diabetes mellitus, type II, lung cancer, and tinnitus. The appeal for erectile dysfunction was remanded due to a lack of medical opinion.
- Claimed conditions
- chronic lymphocytic leukemia, diabetes mellitus, type II, lung cancer, atrial fibrillation, tinnitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2023
- Citation
- 23000738
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 Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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