The appeal for lung cancer, as due to exposure to herbicide agents, is dismissed.,Service connection for myelodysplastic or myeloproliferative neoplasm, as due to exposure to herbicide agents, is granted.,Service connection for strokes or residuals of strokes, as secondary to myelodysplastic or myeloproliferative neoplasm, is granted.,Entitlement to service connection for a kidney condition, as secondary to myelodysplastic or myeloproliferative neoplasm, is remanded.
The deciding factor: The Appellant requested withdrawal of the appeal with respect to lung cancer due to exposure to herbicide agents.,The Veteran had verified service in Vietnam and was presumed to be exposed to herbicide agents during service. His myelodysplastic or myeloproliferative neoplasm was at least as likely as not related to his presumed exposure to herbicide agents in service.,The strokes or residuals thereof are proximately due to the Veteran's myelodysplastic or myeloproliferative neoplasm condition.,There is no evidence to rebut that the Veteran’s kidney condition was secondary to his myelodysplastic or myeloproliferative neoplasm.
- Claimed conditions
- lung cancer, myelodysplastic or myeloproliferative neoplasm, strokes or residuals of strokes, kidney condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2021
- Citation
- 21007211
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 21007211.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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