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DismissedPACT Act

The Board dismissed the appeal for service connection for non-Hodgkin's lymphoma. Service connection was granted for hypertension, with a presumption of exposure to herbicide agents in Vietnam. The appeals for service connection for colon cancer, heart disorder, hepatosplenomegaly, and peripheral vascular disease are remanded due to lack of VA examination or opinion.

The deciding factor: The Veteran's appeal for non-Hodgkin's lymphoma was withdrawn by the appellant during a hearing before the Board. Service connection for hypertension is granted based on presumptive exposure to herbicide agents in Vietnam. The appeals for other conditions are remanded as there has not been a VA examination or opinion addressing their etiology.

Claimed conditions
non-Hodgkin's lymphoma, hypertension, colon cancer, heart disorder, hepatosplenomegaly, peripheral vascular disease, posttraumatic stress disorder
How they argued it
Presumptive (no nexus needed)
Exposure basis
None
Rating assigned
None in this decision
Decision date
September 25, 2023
Citation
23053151

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 23053151.

What this means for you

A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.

What you can do next

Related decisions

Other Board decisions on a similar condition or argued the same way.

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