The Veteran's service connection claim for acute myelogenous leukemia is granted as it was incurred in or aggravated by military service. The claim for compensation under 38 U.S.C. § 1151 is denied due to lack of causation.
The deciding factor: Service connection is established based on the Veteran's active duty service and his exposure to herbicide agents, while the denial of compensation under 38 U.S.C. § 1151 is due to a failure to timely diagnose and properly treat the disease or injury.
- Claimed conditions
- Acute Myelogenous Leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2009
- Citation
- 0946490
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 0946490.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death is granted due to exposure to herbicide agents in Vietnam, which are presumed to be related to the development of myelodysplastic syndrome and acute myelogenous leukemia.
- Denied
The Veteran's request for special monthly compensation (SMC) based on housebound criteria prior to March 18, 2016, or from August 1, 2016, is denied as he did not meet the schedular rating criteria for SMC housebound due to his service-connected disabilities.
- Granted
The Veteran's service connection for Acute Myelogenous Leukemia and Myelodysplastic Syndrome is granted with an effective date of February 28, 2014. The rating assigned is 10%.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further evidentiary development, including a Gulf War medical examination.
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