The Board has remanded the case to the AOJ for additional development due to a need for an updated list of doctors and health care facilities that have treated the Veteran's MDS, as well as for an opinion on whether it is at least as likely as not that his MDS had its clinical onset during active service or is etiologically related to his active service, specifically including his presumed exposure to Agent Orange based on his Vietnam service.
The deciding factor: The VA examiner relied solely on the fact that the Veteran's MDS is not on the presumptive list of diseases associated with herbicide exposure. The case has been remanded for an additional opinion considering the Veteran's personal circumstances and other medical evidence or research to make the assertion that herbicides and MDS are not connected.
- Claimed conditions
- myelodysplastic syndrome (MDS)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 2, 2016
- Citation
- 1617527
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 1617527.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for myelodysplastic syndrome (MDS) due to presumed exposure to environmental hazards during military service, specifically burn pits. The Veteran's MDS is considered presumptively related to his Gulf War service.
- Granted
Service connection for MDS is granted, and a higher initial disability rating of 40 percent for the service-connected back disability is also granted. Other issues on appeal are resolved in favor of the appellant.
- Granted
The Board has determined that the Veteran's myelodysplastic syndrome (MDS) is related to his in-service exposure to herbicide agents, and thus service connection for MDS is granted.
- Dismissed
The Veteran's appeal for service connection of myelodysplastic syndrome (MDS) has been dismissed due to the Veteran's death during the pendency of the appeal.
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