The Board has remanded the case due to new statutory changes regarding herbicide agent exposure, and a VA medical opinion is needed to determine if the Veteran's cause of death was related to his in-service exposure to herbicide agents.
The deciding factor: The decision is based on recent statutory changes that affect claims for service connection based on herbicide agent exposure. The case has been remanded due to the need for a VA medical opinion regarding the relationship between the Veteran's cause of death and his in-service exposure to herbicide agents.
- Claimed conditions
- Acute myelogenous leukemia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007098
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.
- Remanded (sent back)
The Board remands the claim for service connection for acute myelogenous leukemia due to an inadequate medical opinion and a need to address direct service connection.
- Denied
The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, as there was no evidence that a disability of service origin or a service-connected disability caused or contributed to the veteran's death.
- Denied
The Board denied the claim for service connection for the cause of the veteran's death, as there was no evidence linking his acute myelogenous leukemia to his military service.
- Remanded (sent back)
The Board remands the claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
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