The Board denied the claim for service connection for the cause of the veteran's death, finding that the underlying condition (CML) could not be presumed to have been caused by exposure to herbicides in service and was not otherwise related to service.
The deciding factor: Service connection for the cause of the veteran's death cannot be established as CML is not a presumptive condition based on herbicide exposure, and there is no evidence linking it to service.
- Claimed conditions
- Chronic Myelocytic Leukemia (CML)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2008
- Citation
- 0832171
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 0832171.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted DIC benefits based on service connection for the cause of the Veteran's death, finding that his fatal CML was caused by exposure to herbicide agents during service. The claim is supported by two private medical opinions and contradicted by a VA medical opinion.
- Granted
The Board has determined that the Veteran's death was caused by his service-connected CML, which is not among the diseases presumed for those exposed to herbicides. However, resolving reasonable doubt in favor of the claimant, the Board finds that service connection can be established on a direct basis.
- Denied
The Veteran's CML was not incurred or aggravated during service, including due to exposure to herbicide agents. The Board finds that the preponderance of evidence does not support a finding of service connection for CML.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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