The Veteran's service connection for asthma is granted pursuant to the PACT Act, while other claims are remanded for further consideration.
The deciding factor: The decision was based on the Veteran's exposure to burn pits during his deployment in Saudi Arabia and the provisions of the PACT Act.
- Claimed conditions
- asthma, eczema (skin condition), left hip disability, right hip disability, left upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, fatigue, joint pains (fibromyalgia), hearing loss of the left ear, posttraumatic stress disorder (PTSD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071997
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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