Service connection for a respiratory disability is granted under the PACT Act. Service connection for left elbow, insomnia (claimed as mental health disorder), and gastrointestinal disorders including posttraumatic stress disorder are denied. A temporary total evaluation due to right elbow surgery is granted.
The deciding factor: The Veteran's respiratory disability was found to be presumptively service-connected under the PACT Act based on his conceded exposure to burn pits during active duty service.
- Claimed conditions
- Respiratory disability, Left elbow disability, Insomnia (claimed as a mental health disorder), Right elbow disability, Gastrointestinal disorders including posttraumatic stress disorder, degenerative arthritis of the right knee with patellofemoral syndrome, degenerative joint disease of the right elbow, gastrointestinal reflux disease, hiatal hernia, celiac disease, and irritable bowel syndrome, Erectile dysfunction and hypogonadism, Bilateral onychomycosis, Mullerectomy, presbyopia, and myopia, Skin disability, Bilateral plantar fasciitis, Degenerative joint disease of the left shoulder, Degenerative joint disease of the right shoulder, Back disability, Immunoglobulin M (IgM) Nephropathy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- August 8, 2023
- Citation
- 23044034
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 23044034.
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.
- Denied
The Board denied the Veteran's claims for service connection for a right elbow disability and a nasal disability, finding that there was no evidence of in-service injury or disease resulting in these conditions.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
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