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
- Not verified here — check the original decision
- Decision date
- March 14, 2006
- Citation
- 0607293
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0607293.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities render him unable to perform daily activities of living without the assistance of another, and he is granted special monthly compensation based on the need for regular aid and attendance.
- Whole decision: Granted
The Veteran's cause of death is granted due to exposure to herbicide agents in Vietnam, which are presumed to be related to the development of myelodysplastic syndrome and acute myelogenous leukemia.
- Whole decision: Denied
The Veteran's request for special monthly compensation (SMC) based on housebound criteria prior to March 18, 2016, or from August 1, 2016, is denied as he did not meet the schedular rating criteria for SMC housebound due to his service-connected disabilities.
- Whole decision: Granted
The Veteran's service connection for Acute Myelogenous Leukemia and Myelodysplastic Syndrome is granted with an effective date of February 28, 2014. The rating assigned is 10%.
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