The Board granted service connection for asthma based on the Veteran's presumptive exposure to toxins under the PACT Act, and remanded several other issues including eye disorders, TBI, and various musculoskeletal conditions.
The deciding factor: Service connection was granted for asthma due to its presumptive relationship with Southwest Asia service as per the PACT Act. Other claims were remanded for further development.
- Claimed conditions
- respiratory disorder, eye disorder, residuals of a TBI, left elbow disability, right elbow disability, low back disability, right knee anterior cruciate ligament tear, right knee instability, abrasion scar, right knee, six small scars, right knee, status post anterior cruciate reconstruction
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 11, 2023
- Citation
- 23001822
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.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
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