The Board has determined that the Veteran's lymphoid leukemia was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The preponderance of evidence is against finding a link between the Veteran's active military service and his lymphoid leukemia.
The deciding factor: The majority of the Veteran's service treatment records are unavailable, but his lay account that he served in Japan following the dropping of the atomic bomb was accepted. Service connection for disability due to ionizing radiation exposure during service can be demonstrated by one of three methods: presumptive service connection under 38 C.F.R. § 3.309(d), a recognized radiogenic disease, or under 38 C.F.R. § 3.303(d) when it is established that the disability was otherwise incurred during active service, including as a result of exposure to radiation. The Veteran's lymphoid leukemia does not meet any of these criteria.
- Claimed conditions
- lymphoid leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2012
- Citation
- 1211383
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 1211383.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's lymphoid leukemia is granted as service connected due to exposure to carcinogens during active duty.
- Remanded (sent back)
The Board has remanded the case due to the need for additional medical development, including obtaining clinical records from providers who treated the Veteran in the year prior to his death and addressing whether lymphoid leukemia contributed to the cause of death.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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