The Board denied the Veteran's claims for an effective date prior to August 10, 2022, for the grant of service connection for various disabilities associated with exposure to tactical herbicide agent(s).
The deciding factor: The criteria for entitlement to an effective date prior to August 10, 2022, have not been met due to the provisions of Public Law 117-168 (PACT Act) which provided for an effective date no earlier than August 10, 2022.
- Claimed conditions
- Parkinson's disease with depressive disorder (also claimed as sleep disorder), tremor with myalgia, muscle rigidity and stiffness, right upper extremity (dominant) (also claimed as autoimmune disability to include arthralgia and myalgia), balance impairment with bradykinesia, tremor, muscle rigidity, stiffness, and myalgia, of the right lower extremity (also claimed as autoimmune disability to include arthralgia and myalgia), balance impairment with bradykinesia, tremor, muscle rigidity, stiffness, and myalgia, of the left lower extremity (also claimed as autoimmune disability to include arthralgia and myalgia), tremor with myalgia, muscle rigidity and stiffness, of the left upper extremity (non-dominant) (also claimed as autoimmune disability to include arthralgia and myalgia), difficulty swallowing and chewing, speech changes, urinary incontinence, constipation, loss of automatic movements, left, loss of automatic movements, right, loss of smell, erectile dysfunction, stooped posture, left, stooped posture, right, hypothyroidism
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24073022
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
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