The Veteran's claims for service connection for hypothyroidism, chronic lymphocytic leukemia, and arteriosclerotic heart disease are granted based on the PACT Act presumption of exposure to herbicide agents. However, their claims for service connection on a basis other than as pursuant to the PACT Act are remanded.,The Veteran's claim for service connection for cardiac arteriovenous malformation is also remanded.
The deciding factor: The Board finds that there was a pre-decisional duty to assist error in not providing the Veteran with a VA examination to determine the etiology of the claimed heart disability.,Remand is necessary to correct this pre-decisional duty to assist error and provide an appropriate medical opinion.
- Claimed conditions
- hypothyroidism, chronic lymphocytic leukemia, arteriosclerotic heart disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 11, 2024
- Citation
- A24065311
Veterans Law Judge
Decisions by this judge: 2,645 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24065311.
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.
- Remanded (sent back)
The Veteran's initial compensable evaluation for hypothyroidism is denied, and the Board finds that service connection for lumbar degenerative disc disease and bilateral foot condition should be remanded due to a pre-decisional duty to assist error.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of hypothyroidism and therefore denied their claim for service connection.
- Denied
The Veteran's claim for TDIU was denied as the evidence did not establish that he is unable to secure or follow substantially gainful occupation due to his service-connected disabilities.
- Dismissed
The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus was dismissed. The Board granted service connection for hypothyroidism and Hashimoto's thyroiditis with complications, including depression, anxiety, insomnia, vitamin deficiencies, memory/cognitive impairment, unexplained arthralgias, fatigue, hair loss, and bradycardia.
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