Back to BVA DecisionsGRANTEDSpecial Benefit NO SPECIAL BENEFIT Docket No. 220623-252102
ISCHEMIC HEART DISEASE
MARCUS N. FULTON · 2026 · Case ID: A26030779
Summary
The Veteran, who served honorably in the Navy from June 1969 to February 1973 and August 1975 to August 1977, appeals the denial of service connection for a heart disability and tinnitus. The appeal for a heart disability is based on a claim of herbicide exposure while serving aboard the USS McMorris in American Samoa. The Board noted favorable findings from the RO in the April 2022 decision, including that the Veteran met service requirements for presumptive connection and that ischemic heart disease is a chronic disease presumptively linked to exposure. A subsequent VA Memorandum in April 2023 confirmed the presumption of herbicide exposure in American Samoa. Given the presumed exposure and the diagnosis of ischemic heart disease, the Board found the evidence favored the claim, granting service connection for the heart disability. For tinnitus, the Veteran filed a NOD in June 2022 appealing a denial. However, the RO subsequently granted service connection for tinnitus in a March 2026 decision, which is binding on the Board. Therefore, service connection for tinnitus is granted. The Veteran testified at a hearing in December 2025.
Rationale
Veteran served in American Samoa during the presumptive period for herbicide exposure.; PACT Act establishes presumption of herbicide exposure in American Samoa.; Veteran has a diagnosis of ischemic heart disease.; Weight of evidence favors the claim.
Full Decision Text
Citation Nr: A26030779 Decision Date: 04/03/26 Archive Date: 04/03/26 DOCKET NO. 220623-252102 DATE: April 3, 2026 ORDER Entitlement to service connection for a heart disability is granted pursuant to the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act). Entitlement to service connection for tinnitus is granted. FINDINGS OF FACT 1. The Veteran's ischemic heart disease is presumed as due to exposure to herbicide agents. 2. The Veteran's June 2022 NOD expressed disagreement with an April 2022 rating decision which denied service connection for tinnitus. The RO subsequently awarded service connection for tinnitus in a March 2026 rating decision. CONCLUSIONS OF LAW 1. The criteria for service connection for ischemic heart disease are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309. 2. The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably from June 1969 to February 1973 and from August 1975 to August 1977. These matters come before the Board of Veterans' Appeals (Board) on appeal from an April 2022 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In a June 2022 VA Form 10182 Notice of Disagreement (NOD). In his NOD, the Veteran requested a hearing before the Board and an opportunity to submit evidence at the hearing and within 90 days following the hearing. 38 C.F.R. § 20.202. In December 2025, the Veteran testified at a hearing before the undersigned Veterans Law Judge; a transcript of the hearing is of record. SERVICE CONNECTION Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. To establish service connection for a disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). On August 10, 2022, the Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act became law. The PACT Act amended 38 U.S.C. § 1116 and provides that any veteran who performed active service in Guam or American Samoa, or in the territorial waters thereof, during the period beginning on January 9, 1962, and ending on July 31, 1980, is presumed to have been exposed to herbicide agents during their service. 38 U.S.C. § 1116(d). If the veteran was exposed to an herbicide agent during service, certain diseases shall be service-connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even though there was no record of such disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. The list of eligible diseases under 38 C.F.R. § 3.309 (e) includes ischemic heart disease. 1. Entitlement to service connection for a heart disability The Veteran contends that his heart disability is due to herbicide exposure while serving aboard the USS McMorris in the territorial waters of American Samoa. In the April 2022 rating decision on appeal, the RO made the following favorable findings: (1) the veteran has sufficient service to meet the minimum requirements for presumptive service connection; (2) the claimed disability is a chronic disease which may be presumptively linked to military service; (3) the diagnosed disability is a condition that has been presumptively linked to exposure. Under the AMA, favorable findings made by the RO are binding on the Board. Subsequent to the passing of the PACT Act, the RO issued a VA Memorandum that found that the Veteran was presumed to be exposed to herbicides while serving aboard the USS icide exposure while serving aboard the USS McMorris in the territorial waters of American Samoa. In the April 2022 rating decision on appeal, the RO made the following favorable findings: (1) the veteran has sufficient service to meet the minimum requirements for presumptive service connection; (2) the claimed disability is a chronic disease which may be presumptively linked to military service; (3) the diagnosed disability is a condition that has been presumptively linked to exposure. Under the AMA, favorable findings made by the RO are binding on the Board. Subsequent to the passing of the PACT Act, the RO issued a VA Memorandum that found that the Veteran was presumed to be exposed to herbicides while serving aboard the USS McMorris in the territorial waters of American Samoa. See April 2023 VA Memorandum. In sum, the Veteran is presumed to have been exposed to herbicide agents while serving in the territorial waters of American Samoa and has a diagnosis of ischemic heart disease. The weight of the evidence is for the claim and entitlement to service connection for ischemic heart disease is warranted. 2. Entitlement to service connection for tinnitus The Veteran filed a June 2022 NOD appealing the April 2022 rating decision which denied service connection for tinnitus. During the pendency of this appeal, the Veteran filed another claim for service connection for tinnitus that was granted in a March 2026 rating decision. The Board is bound by this favorable finding. 38 C.F.R. § 3.104(c). Entitlement to service connection for tinnitus is granted. Marcus N. Fulton Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Love, Kelsey The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.