The Board denied service connection for a left knee condition, bilateral hearing loss, and colon cancer. Service connection was granted for hypertension on a basis other than the provisions of the PACT Act.,Service connection for hypertension was granted without regard to the PACT Act.
The deciding factor: Hypertension is currently shown to be at least as likely as not etiologically related to herbicide exposure, and thus subject to presumptive service connection under 38 C.F.R. § 3.309(e).
- Claimed conditions
- left knee condition, bilateral hearing loss (BHL), colon cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 27, 2023
- Citation
- 23058240
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 23058240.
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.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of death and its relation to service. The Veteran's atherosclerotic cardiovascular disease and colon cancer are being evaluated for their relationship to toxic exposure during service.
- Dismissed
The Veteran withdrew their appeal regarding the service connection for a lumbar condition and left knee condition, resulting in the dismissal of these issues.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the VA audiological examination inadequate for adjudicative purposes and remanded for an adequate VA audiological examination to determine if the Veteran has bilateral hearing loss. Service connection for PTSD, anxiety disorder, and depression is also remanded as there are insufficient competent medical evidence on file.
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