The Appellant is denied retroactive DIC benefits under Nehmer as she was remarried before the age of 57 and her claim for DIC benefits was received after the effective date that leukemia was included as a disease entitled to presumptive service connection.
The deciding factor: The Appellant's remarriage occurred before the age of 57, which disqualifies her from receiving retroactive DIC benefits under Nehmer. Her claim was also filed after the effective date for presumptive service connection for leukemia.
- Claimed conditions
- Acute leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 3, 2020
- Citation
- 20051388
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. Read the original VA decision (opens in a new tab) using citation 20051388.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a lack of VA examination and medical nexus opinion regarding the relationship between the Veteran's service and his death, specifically acute leukemia. The claim will be reviewed with an appropriate VA examiner.
- Whole decision: Granted
The Veteran's cause of death, acute leukemia, is granted as service-connected due to the approximate balance of positive and negative evidence regarding the merits of the issue. The Board concludes that there is no known nexus between Agent Orange exposure and the development of AML.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for the cause of his death and dismissed the appeal regarding SMC based on the need for aid and attendance for the surviving spouse.
- Whole decision: Denied
The Veteran's cause of death, acute leukemia, was not service-connected as it did not manifest in service or for many years thereafter and is not related to service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.