The Board denied the appellant's claim for recognition as a surviving spouse of the veteran, finding she did not meet the legal requirements to be considered such. The appeal was dismissed.
The deciding factor: The appellant failed to meet the definition of 'surviving spouse' under VA regulations and therefore does not qualify for VA death benefits.
- Claimed conditions
- Acute Myelogenous Leukemia, Cardiac Tamponade
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2006
- Citation
- 0613297
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.
- Remanded (sent back)
The Board has determined that additional development is necessary to determine if the veteran's exposure during service contributed to his death from Acute Myelogenous Leukemia.
- Denied
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.
- 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.
- Granted
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.
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