The Board previously denied the claim for AML due to Agent Orange exposure, but the Court of Appeals for Veterans Claims (Court) has ordered a remand because the September 2014 VA examination did not discuss whether the leukemia was presumptively linked to Agent Orange. The Veteran's death while his appeal was pending at the Court necessitated substitution.
The deciding factor: The Court found that the Board’s denial was based on an insufficient discussion of whether AML is presumptively related to Agent Orange exposure, and requested clarification from the VA examiner who provided the September 2014 opinion.
- Claimed conditions
- Acute myelocytic leukemia (AML)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- July 29, 2020
- Citation
- 20050288
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 20050288.
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 granted service connection for the Veteran's cause of death due to acute myelocytic leukemia, finding that it was related to presumed exposure to Agent Orange during his active service in Vietnam.
- Granted
The Board has granted service connection for acute myelocytic leukemia (AML) due to Agent Orange exposure, for purposes of accrued benefits.
- Denied
The Board denied the Veteran's claim for service connection for acute myelocytic leukemia (AML) due to Agent Orange exposure, finding that there is no evidence of a direct or presumptive relationship between his AML and his military service.
- Granted
The Board has granted the Appellant's application to reopen her previously denied claim for service connection for cause of the Veteran’s death, finding that his AML was related to his in-service exposure to herbicide agents. The cause of death is therefore considered service-connected.
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