The Board has granted service connection for a heart disability due to exposure to herbicide agents under the PACT Act. The Veteran's bilateral hearing loss and foot disabilities are not entitled to earlier effective dates, but his TDIU claim is remanded.
The deciding factor: The Veteran's heart disability was granted on a presumptive basis due to service in Thailand where he served near the perimeter of military bases, which exposed him to herbicide agents. The earlier effective date claims for hearing loss and foot disabilities were denied as there was no evidence of entitlement prior to the dates claimed.
- Claimed conditions
- Heart Disability (Coronary Artery Disease), Bilateral Hearing Loss, Right Foot Disability, Left Foot Disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 8, 2023
- Citation
- 23060161
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 23060161.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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