MONDAY OCTOBER 31, 2016
CCK
won a case in the Court of Appeals for Veterans Claims in which the
Board had denied a veteran service connection for Parkinson’s disease
due to herbicide exposure at Fort McClellan, Alabama.
Despite VA acknowledging that there was “facility-wide” use
of herbicides at Fort McClellan, and that VA considers Parkinson's
disease associated with herbicide exposure, it denied service
connection stating the Veteran's exposure was "routine."
The Court found the Board had no basis in law to deny
benefits to a Veteran simply because the application of herbicides was
"routine." The Court reversed the Board’s decision, meaning
VA must award the Veteran service connection for Parkinson’s disease.
This
is the first Court reversal of a Board decision for a Fort McClellan
herbicide exposure case. This ruling has the potential to
impact the outcomes of other Fort McClellan-Veteran herbicide exposure
cases.
To read the Court's decision, click here.
CATEGORY: Case
Wins, veteran
P.S.
NOTE: If you know of someone who
was station there have them contact me ASAP so that we can file a claim
for them.
Jose
M. Garcia
National
Service Director
Polish
Legion of American Veterans