The veteran's cause of death was acute myelogenous leukemia, which is not service-connected due to lack of evidence of exposure to radiation during service and the absence of a 100% evaluation prior to his death. The DIC claim under 38 U.S.C. § 1318 also failed as there were no qualifying circumstances.
The deciding factor: The veteran did not participate in a 'radiation-risk activity' during service, nor was he exposed to radiation that would qualify him for presumptive service connection based on the PACT Act or Agent Orange exposure. The cause of death is due to leukemia, which is not service-connected as there is no evidence of its onset during service.
- Claimed conditions
- Acute Myelogenous Leukemia, Myelodysplastic Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2006
- Citation
- 0607293
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the veteran's cause of death, acute myelogenous leukemia, is related to his exposure to herbicides in Vietnam. As a result, service connection for the cause of the veteran's death is granted.
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The Board has found that the veteran's AML is at least as likely as not attributable to herbicide exposure during military service, specifically Agent Orange. Therefore, the claim for service connection for AML is granted.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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