The Board remands the claims for earlier effective dates and increased ratings to cure a pre-decisional duty to assist error related to the Veteran's exposure to herbicide agents in Thailand.
The deciding factor: The AOJ had previously been directed, by an August 2021 Board remand, to research the credibility of the Veteran's claims of exposure to herbicide agents due to his service in Thailand pursuant to the presumptive laws in place prior to the PACT Act. However, the AOJ did not comply with this directive and instead granted these claims using the presumption of exposure to herbicide agents afforded veterans who served in Thailand under the PACT Act.
- Claimed conditions
- Diabetes mellitus, type 2, Prostate cancer residuals, Erectile dysfunction associated with prostate cancer residuals, Peripheral neuropathy, right upper extremity associated with diabetes mellitus, type 2, Peripheral neuropathy, right lower extremity associated with diabetes mellitus, type 2, Peripheral neuropathy, left upper extremity associated with diabetes mellitus, type 2, Peripheral neuropathy, left lower extremity associated with diabetes mellitus, type 2, Depression and anxiety disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 17, 2025
- Citation
- A25108885
Want to see how appeals like this one tend to go? Appeals like mine
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.