Board Fails to Exhaust All Efforts to Verify Veteran’s Herbicide Exposure

Board Fails to Exhaust All Efforts to Verify Veteran’s Herbicide Exposure

Board Decision Denies Veteran Entitlement to Service Connections to Include as Due to Herbicide Exposure

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran entitlement to service connection for prostate cancer and diabetes mellitus, type I, to include as due to herbicide exposure. The Veteran served on a Royal Thai Air Force Base during the Vietnam war, and claimed he was exposed to herbicides which lead to his disabilities.

CCK Successfully Argued that the Board Erred in Failing to Exhaust all Efforts to Verify the Veteran’s Reported Exposure

In its decision, the Board denied the Veteran’s claim because it determined that his statements could not be confirmed. CCK argued, and the Court agreed, that the Board erred when it failed to exhaust all efforts to verify the Veteran’s reported exposure. The Court vacated the Board’s decision and remanded the case back to the Board for further adjudication consistent with the decision.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins