PARKINSON'S DISEASE

Summary

The Veteran, who served in the Navy from January 1957 to July 1966 and again from November 1967 to April 1977, passed away in August 2018. His surviving spouse appeals the denial of service connection for Parkinsonism. The appellant asserts that the Veteran's Parkinson's disease is etiologically related to service, potentially due to in-service toxic exposures, including asbestos and other environmental toxins. The record includes a private medical opinion from a retired Navy physician who concluded that the Veteran's Parkinson's was at least as likely as not caused or aggravated by in-service exposure to heavy metals like cadmium and mercury, detected in a blood screening. Conversely, a VA examiner opined that Parkinson's was unrelated to service, but this opinion was limited to the context of asbestos exposure and did not adequately address the private physician's broader theory. The Board found the private opinion more persuasive and, resolving all reasonable doubt in the Veteran's favor, granted service connection for Parkinsonism.

Rationale

Private medical opinion found Parkinson's at least as likely as not caused/aggravated by in-service heavy metal exposure.; VA examiner's opinion was limited to asbestos exposure and did not address private opinion's theory.; Board found private opinion persuasive and resolved doubt in favor of the claim.

Full Decision Text

Citation Nr: A26040799
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 260407-644950
DATE: April 30, 2026

ORDER

Entitlement to service connection for Parkinsonism is granted.

FINDING OF FACT

The persuasive evidence of record indicates the Veteran's Parkinson's Disease is etiologically related to active duty service.

CONCLUSION OF LAW

The criteria for entitlement to service connection for Parkinsonism have been met. 38?U.S.C. §§?1101, 1112, 1113, 1131, 1137;?38?C.F.R. §§?3.307, 3.309.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1957 to July 1966, and from November 1967 to April 1977.

The Veteran died in August 2018. The appellant is his surviving spouse. The Board extends the appellant its sympathies along with its gratitude for the Veteran's service. 

In the February 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the January 2026 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the appellant would like VA to consider any evidence that was submitted that the Board could not consider, she may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Although the time permitted the appellant to change review lanes has not elapsed, she has requested the instant matter be advanced on the docket. Moreover, the instant decision is fully favorable. As such, the Board finds the appellant is not prejudiced by instant adjudication of the appeal at issue. 

1. Entitlement to service connection for Parkinsonism

Service connection may be granted for a disability resulting from disease or injury incurred coincident with or aggravated by service.?38?U.S.C. §§?1110, 1131;?38?C.F.R. §?3.303?(a). To establish a right to compensation for a present 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 (nexus) between the present disability and the disease or injury incurred or aggravated during service. Holton v. Shinseki,?557 F.3d 1362, 1366?(Fed. Cir. 2009) (quoting Shedden v. Principi,?381 F. 3d 1163, 1167?(Fed. Cir. 2004)). The absence of any one element will result in denial of service connection. Coburn v. Nicholson,?19?Vet. App.?247, 431?(2006). Service connection may be granted for any disease initially diagnosed after discharge when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service.?38?C.F.R. §?3.303?(d). 

In addition, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, certain chronic disabilities, including other organic diseases of the nervous system, are presumed to have been incurred in service if they manifested to a compensable degree within one year of separation from service.?38?U.S.C. §§?1101, 1112, 1113, 1131, 1137;?38?C.F.R. §§?3.307, 3.309. 

For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity and sufficient observation to establish chronicity at the time. If chronicity in service is not established, a showing of continuity of symptoms after discharge is required to support the claim.?38?C.F.R. §§?3.303?(b), 3.309; Walker v. Shinseki,?708 F.3d 1331?(Fed. Cir
 within one year of separation from service.?38?U.S.C. §§?1101, 1112, 1113, 1131, 1137;?38?C.F.R. §§?3.307, 3.309. 

For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity and sufficient observation to establish chronicity at the time. If chronicity in service is not established, a showing of continuity of symptoms after discharge is required to support the claim.?38?C.F.R. §§?3.303?(b), 3.309; Walker v. Shinseki,?708 F.3d 1331?(Fed. Cir. 2013). 

The Veteran was diagnosed with Parkinson's disease before his death. Thus, the first element of service connection is satisfied in this case. The appellant avers that the Veteran's Parkinson's is etiologically related to service, to include as a consequence of in-service toxic exposures, including to asbestos and/or other environmental toxins.

In support of that assertion, the record contains a medical opinion submitted by a retired Navy physician indicating that the Veteran's Parkinson's was at least as likely as not caused or aggravated by in-service exposure to heavy metals, including cadmium and mercury, the presence of which were detected in a blood screening.

In contrast, a VA examiner to whom the medical file was forwarded in December 2025 indicated Parkinson's was unrelated to service, but in furnishing that opinion, the examiner considered only the relationship between conceded in-service asbestos exposure and Parkinson's. The examiner did not address adequately the aforementioned private assessment, nor the theory of entitlement proposed therein. The Board is loath to remand the matter for clarity and potentially negative development, and instead considers the private opinion to constitute the most persuasive evidence of record with respect to the etiology of the Veteran's Parkinson's disease.

On that basis, and resolving all reasonable doubt and ambiguity in favor of the claim, the appeal for service connection for Parkinson's disease will be granted. 

 

 

Paul R. Casey

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Z. Sahraie, Counsel

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.