The Veteran's death was not due to service-connected causes, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The claim is denied as the Veteran did not meet the criteria for a total disability rating based on individual unemployability (TDIU) prior to his death.
The deciding factor: The Veteran's death was due to non-service-connected causes, and he did not have a continuous period of at least 10 years of service-connected disability rated as totally disabling immediately preceding his death.
- Claimed conditions
- myelodysplasia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 15, 2009
- Citation
- 0922424
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 0922424.
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 service-connected disabilities, particularly his bilateral foot disabilities, precluded him from obtaining and maintaining substantially gainful employment.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a lack of a VA medical opinion regarding whether the Veteran's cause of death was related to his service, including exposure to non-ionizing radiation from work as a radio relay equipment repairman and as a Troposcatter equipment repairman.
- Whole decision: Remanded (sent back)
The Board has remanded the claim for TDIU due to insufficient evidence showing that the Veteran is unemployable by reason of his service-connected disabilities. The case must be referred to the Director of Compensation Services for consideration under 38 C.F.R. § 4.16(b).
- Whole decision: Remanded (sent back)
The claim of service connection for the cause of the Veteran's death has been reopened, but the Board finds that there is insufficient evidence to establish a direct or presumptive link between the Veteran's myelodysplasia and his military service. The issue of service connection for myelodysplasia remains remanded as well.
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