The Veteran's appeal for service connection of a heart disability, including a heart attack, is remanded due to potential garrison exposure under the PACT Act. The Board will consider whether the Veteran's reported use of diesel fuel to burn trash and human waste in empty 55-gallon barrels constitutes a TERA (Toxic Exposure Risk Activity) for purposes of the PACT Act.
The deciding factor: The Veteran's service does not qualify him for any new or modified presumptions of exposure under the PACT Act, but he may still be eligible if his reported use of diesel fuel to burn trash and human waste in empty 55-gallon barrels constitutes a TERA for purposes of the PACT Act.
- Claimed conditions
- heart disability, heart attack
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- February 15, 2024
- Citation
- 24007928
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 24007928.
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 hypertension was granted service connection effective August 10, 2022. The heart disability was granted secondary to the hypertension.,An initial rating of 30% for the heart disability was granted in May 2023 and increased to 60% since October 22, 2024.
- Granted
The Board has granted service connection for a heart disability, finding that it is secondary to the Veteran's service-connected PTSD.
- Remanded (sent back)
The Board has remanded the Veteran's claims for cervical spine disability, heart disability, and rheumatoid arthritis due to procedural errors in obtaining necessary medical opinions.
- Denied
The Board has denied the Veteran's claims for service connection for bilateral hearing loss, heart disability, sleep apnea, asthma, and chronic bronchitis as new and relevant evidence was not received to reopen these claims. The Veteran did not have current diagnoses of asthma or chronic bronchitis during the appeal period.
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