The Board remands the claims for service connection for various disabilities, including a neck disability with permanent nerve damage and difficulty with hands and legs, left ankle, left foot, left leg, right leg, left leg artery, right leg artery, back, and respiratory conditions, to verify potential toxic risk exposure activities (TERA) in addition to conceded herbicide exposure.

The deciding factor: The remand is necessary due to the improper reliance on the absence of documentation showing an in-service diagnosis or treatment by the June 2024 VA examiner and the need to verify the Veteran's participation in a TERA during service, as required by the PACT Act.

Claimed conditions

neck disability with permanent nerve damage and difficulty with hands and legs, left ankle disability, left foot disability, left leg disability, right leg disability, left leg artery disease, right leg artery disease, back disability, respiratory disability, to include emphysema

How they argued it

Direct service connection

Exposure basis

Agent Orange / herbicides

Rating assigned

None in this decision

Decision date

February 18, 2025

Citation

25002321

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