The Board denied the appellant's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 for the Veteran's cause of death, as it was not shown that VA carelessness or negligence proximately caused the Veteran's death.
The deciding factor: The evidence did not demonstrate that VA's failure to timely diagnose and properly treat the Veteran's condition proximately caused his additional disability or death, nor was there any fault on VA's part in furnishing hospital care, medical treatment, or examination.
- Claimed conditions
- chronic myelogenous leukemia, pneumonia with CMV disease, food/vomit pneumonitis, aplastic anemia, bone marrow transplant
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908360
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.
- Granted
The Board granted service connection for chronic myelogenous leukemia based on the Veteran's presumed exposure to fine particulate matter during his service in Southwest Asia.
- Granted
The Board granted service connection for chronic myelogenous leukemia, resolving all reasonable doubt in the Veteran's favor and finding a nexus to his presumed herbicide exposure.
- Denied
The Board denied service connection for chronic myelogenous leukemia, finding that the evidence does not support a link between the Veteran's condition and his military service, including exposure to herbicide agents.
- Granted
The Board granted service connection for chronic myelogenous leukemia based on the Veteran's exposure to herbicides during his temporary duty assignment in Thailand, as supported by medical opinions and evidence.
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