The Veteran's CML was not incurred in or aggravated by service, and the evidence does not support a connection to Agent Orange exposure.
The deciding factor: The chronicity provision of 38 U.S.C.A. § 3.303(b) is not applicable as there is no evidence that the condition was present during service or for many years thereafter. The Veteran's CML began many years after service and was not caused by any incident of service, including Agent Orange exposure.
- Claimed conditions
- chronic myelogenous leukemia (CML)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909683
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.
- Dismissed
The claims for service connection for migraine headaches and a higher rating for chronic myelogenous leukemia (CML) were dismissed due to an impermissible concurrent election of review options.
- Remanded (sent back)
The Board remands the claim for service connection of chronic myelogenous leukemia to obtain a more comprehensive medical opinion regarding its etiology, considering the Veteran's individual medical history and lay statements.
- Granted
The Board granted service connection for chronic myelogenous leukemia, finding that the condition is etiologically related to toxic exposures during active-duty service.
- Partly granted
The Board granted service connection for migraine headaches and an initial evaluation of 100 percent from August 10, 2022, to November 11, 2024, for chronic myelogenous leukemia (CML).
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