The veteran seeks compensation for refractory anemia resulting from VA treatment, but the claim is remanded due to insufficient evidence regarding causation.
The deciding factor: The cause of the veteran's additional disability (refractory anemia) needs further clarification as to whether it was caused by carelessness or negligence on the part of VA.
- Claimed conditions
- refractory anemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2007
- Citation
- 0715361
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 0715361.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's cause of death is due to cardio-respiratory failure caused by refractory anemia and bone marrow failure. The Board finds that the Veteran's diagnoses of leukemia and myelodysplastic syndrome are not related to service, including exposure to herbicides.
- Granted
The Board has determined that the Veteran's refractory anemia, claimed as due to exposure to ionizing radiation during his service in Hiroshima, is service-connected for accrued benefits purposes.
- Remanded (sent back)
The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for refractory anemia, which allegedly resulted from radiation treatment at a VA medical facility in January 2006. The claim must be remanded to ensure compliance with the new version of 38 C.F.R. § 3.361 and obtain recent VA outpatient records.
- Denied
The Board denied service connection for the cause of the veteran's death and denied dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of evidence linking the cause of death (refractory anemia) to military service or a service-connected disability.
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