The Board granted service connection for the cause of the veteran's death due to exposure to Agent Orange, but assigned an effective date of September 6, 1995.
The deciding factor: The VA had a duty to notify the appellant of the change in law related to Agent Orange exposure, which provided presumptive service connection for certain diseases including leiomyosarcoma. The Nehmer decision did not invalidate prior decisions as it pertained to different regulations.
- Claimed conditions
- Leiomyosarcoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- July 25, 2002
- Citation
- 0208404
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0208404.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development, including a new examination to assess the severity of his PTSD and leiomyosarcoma.
- Remanded (sent back)
The Board is remanding the case for an addendum VA medical opinion to address whether the Veteran's ALL was secondary to his 1979 radiation therapy for leiomyosarcoma of the retroperitoneal area.
- Denied
The Board has determined that the Veteran's left shoulder scar, status post excision of leiomyosarcoma, does not meet the criteria for a compensable initial rating.
- Denied
The VA determined that the appellant's postoperative residuals of leiomyosarcoma of the left knee do not warrant a disability rating higher than 10 percent, as there is no evidence of more than moderate muscle disability.
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