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Court Wins

CCK Secures Settlement for Veteran Exposed to Agent Orange in Puerto Rico

May 18, 2017

CCK successfully secured a settlement for a veteran after appealing a Board decision denying him service connection for type II diabetes mellitus.  Despite conceding that the Veteran was exposed to Agent Orange while serving in Puerto Rico, the Board remanded the Veteran’s case to obtain a medical opinion on the relationship between the Veteran’s Agent Orange exposure and his diabetes.

CCK argued that the Board erred when it failed to grant presumptive service connection for the Veteran’s diabetes.  Because the Board had already conceded exposure to Agent Orange, a medical opinion was not necessary to grant service connection on a presumptive basis. VA agreed to settle the case and granted presumptive service connection for diabetes based on exposure to Agent Orange.