The Veteran's appeal for service connection for myelodysplastic syndrome, claimed as b-cell leukemia, due to Agent Orange exposure was dismissed because the Veteran passed away during the pendency of his appeal.
The deciding factor: The Veteran passed away during the pendency of his appeal and appellants' claims do not survive their deaths.
- Claimed conditions
- myelodysplastic syndrome, b-cell leukemia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072779
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 myelodysplastic syndrome, finding that the Veteran had presumptive exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the appeal for a new VA medical opinion regarding the etiology of the Veteran's MDS and potential AML and b-cell leukemia due to inadequacies in previous opinions.
- Remanded (sent back)
The Board remands the matter to obtain a medical opinion regarding whether the Veteran's significant conditions at the time of his death were related to his service, including any toxic exposure risk activities (TERA), and if so, whether they had a material influence on the acceleration of his death.
- Dismissed
The Veteran's appeals for service connection and initial rating were dismissed due to an improper concurrent election of review options.
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.