The appellant's remarriage at the age of 35 years makes her ineligible for surviving spouse status, as a matter of law. The veteran died due to Acute Myelogenous Leukemia, which is not associated with herbicide exposure.
The deciding factor: The appellant remarrying at the age of 35 made her ineligible for surviving spouse status.
- Claimed conditions
- Acute Myelogenous Leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 5, 2008
- Citation
- 0826193
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 0826193.
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 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%.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further evidentiary development, including a Gulf War medical examination.
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