The veteran's claim for service connection for leukemia due to radiation exposure was previously denied, and the appellant is seeking additional DIC benefits based on this denial. The Board has determined that she cannot meet the criteria for enhanced DIC under 38 U.S.C.A. § 1311(a)(2) because there is no evidence of clear and unmistakable error in a prior decision or new service department records.
The deciding factor: The veteran's claim was previously denied based on radiation exposure, and there is no evidence to support reopening the claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2).
- Claimed conditions
- leukemia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- April 27, 2007
- Citation
- 0712396
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 0712396.
What this means for you
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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 denied the Veteran's claims for service connection for blood cancer, leukemia, eye disorder, myelodysplastic syndrome, and thrombocytopenia due to a lack of evidence showing these conditions were incurred or aggravated by his military service. The case is remanded for further development.
- Denied
The Veteran's bladder cancer, leukemia, and prostate cancer are not related to his service. The Board found no evidence of toxic exposures or a causal relationship between the conditions and service.
- Granted
The Board has granted service connection for leukemia, thrombocytopenia, and bone marrow transplant with acquired agranulocytosis. The Veteran's Fanconi anemia is not considered a service-connected condition due to its congenital nature. Service connection was also denied for hepatocarcinoma and cirrhosis of the liver.
- Denied
The Board has determined that new and relevant evidence has not been received to reconsider the Veteran's claims for service connection for diabetes mellitus, type II, leukemia, and prostate cancer. The evidence submitted was cumulative and did not tend to prove or disprove any matters at issue.
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