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
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Remanded (sent back)
The Veteran's chronic myelogenous leukemia is presumed to be related to in-service herbicide exposure, but a medical opinion is needed to determine if it is directly linked.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and requires further examination to determine if the Veteran's leukemia disability is related to service, including toxic exposure.
- Remanded (sent back)
The Board remands the matter for an addendum etiology opinion to determine if the Veteran's chronic myelogenous leukemia was incurred in or caused by military service, including conceded exposure to herbicide agents during service.
- Remanded (sent back)
The Board remands the claims for service connection for aplastic anemia and hypothyroidism to schedule a medical examination.
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