Board Erred In Not Considering Whether Gulf War Veteran’s Symptoms Were Due To Unexplained Illness
CCK recently won a Gulf War presumption case before the Court of Appeals for Veterans Claims. The Board denied the Veteran service connection in part because it found he had diagnoses for his conditions and therefore was not entitled to service connection for an undiagnosed illness under the presumptions of 38 U.S.C. § 1117 and 38 C.F.R. § 3.317. On appeal, CCK successfully argued that the Board should have considered whether the Veteran’s symptoms are part of a medically unexplained chronic multisymptom illness which would still entitle him to service connection on a presumptive basis.