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GrantedPACT Act

The Veteran's service connection claims for GERD and gastritis are denied as they do not meet the criteria for direct or presumptive service connection. However, his PTSD claim is granted based on personal assaults / a pattern of harassment during active duty.,PTSD service connection is granted due to in-service personal assaults / a pattern of harassment. Major depressive disorder with associated anxiety, insomnia, and memory loss are also granted as they can be linked to the Veteran's period of active service.,The Veteran's bowel disturbance with abdominal distress (an intestinal condition) qualifies as a qualifying chronic disability under 38 C.F.R. � 3.317 due to his Persian Gulf service. His type II diabetes mellitus is also granted as a qualifying chronic disability resulting from undiagnosed illness or medically unexplained multi-symptom illness.,Hyperlipidemia (high cholesterol) with angina (chest pain) and hypertension are both granted secondary to the Veteran's now service-connected hyperlipidemia (high cholesterol) with angina (chest pain).,PTSD, major depressive disorder, alcohol abuse, and polysubstance abuse disorders are all granted as secondary to his now service-connected PTSD and major depressive disorder.,The Veteran's lumbosacral strain is granted a 20 percent rating based on orthopedic manifestations. His tension headaches have been granted the maximum 50 percent rating from August 26, 2013.

The deciding factor: The Veteran served at Camp Lejeune and in Southwest Asia during the Persian Gulf War but does not meet the criteria for direct or presumptive service connection for GERD and gastritis.,PTSD is granted based on personal assaults / a pattern of harassment, while major depressive disorder with associated anxiety, insomnia, and memory loss are also granted as they can be linked to active duty.,The Veteran's bowel disturbance with abdominal distress (an intestinal condition) qualifies as a qualifying chronic disability under 38 C.F.R. � 3.317 due to his Persian Gulf service. His type II diabetes mellitus is also granted as a qualifying chronic disability resulting from undiagnosed illness or medically unexplained multi-symptom illness.,Hyperlipidemia (high cholesterol) with angina (chest pain) and hypertension are both granted secondary to the Veteran's now service-connected hyperlipidemia (high cholesterol) with angina (chest pain).,PTSD, major depressive disorder, alcohol abuse, and polysubstance abuse disorders are all granted as secondary to his now service-connected PTSD and major depressive disorder.,The Veteran's lumbosacral strain is rated based on orthopedic manifestations. His tension headaches have been granted the maximum 50 percent rating from August 26, 2013.

Claimed conditions
Gastroesophageal reflux disease (GERD), Gastritis, Posttraumatic stress disorder (PTSD), Major depressive disorder with associated anxiety, insomnia, and memory loss, Bowel disturbance with abdominal distress (an intestinal condition), Type II diabetes mellitus, Hyperlipidemia (high cholesterol) with angina (chest pain), Hypertension as secondary to hyperlipidemia (high cholesterol) with angina (chest pain), Diabetic peripheral neuropathy of the RIGHT lower extremity, Diabetic peripheral neuropathy of the LEFT lower extremity, Alcohol abuse disorder and polysubstance abuse disorder
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
March 16, 2023
Citation
23016080

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 23016080.

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