The veteran's death was not caused by a service-connected disability, and the cause of death was not due to fault on the part of VA. Therefore, the claims for service connection for the cause of death and dependency and indemnity compensation under 38 U.S.C.A. § 1151 are denied.
The deciding factor: The medical evidence does not establish a causal link between the veteran's service-connected avascular necrosis and his fatal myelodysplastic syndrome, nor did the radiation therapy for his nonservice-connected lymphoma cause or contribute substantially to his death. The risk of developing myelodysplastic syndrome due to radiation therapy was foreseeable.
- Claimed conditions
- myelodysplastic syndrome with anemia and thrombocytopenia, squamous cell carcinoma of the skin
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2006
- Citation
- 0621281
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0621281.
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.
- Dismissed
The appeal for service connection of squamous cell carcinoma of the skin was dismissed because it was duplicative of a previous appeal.
- Partly granted
The Board has reopened the claim for service connection for skin cancer due to Agent Orange exposure. The issue of service connection for lymphedema, as secondary to skin cancer, and the PTSD rating appeal are remanded.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for squamous cell carcinoma of the skin and malignant melanoma, as these conditions are presumed to be due to in-service exposure to herbicides. However, the VA examiner found that the diagnosed skin disabilities were not related to in-service herbicide exposure because they are not among the list of diseases associated with Agent Orange exposure.
- Granted
The Board finds that the evidence is in equipoise as to whether the veteran's death was caused by a skin cancer etiologically linked to service, and grants service connection for the cause of the veteran's death.
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