The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and his entitlement to DIC under 38 U.S.C. § 1318.
The deciding factor: The decision is pending further review based on additional medical opinions and evidence related to the Veteran's exposure to herbicides during service and the etiology of his AML.
- Claimed conditions
- Acute severe anemia, Acute myelogenous leukemia (AML), Sepsis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- August 17, 2022
- Citation
- 22046777
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 22046777.
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 has granted the appellant's petition to readjudicate her claim for service connection for cause of the Veteran's death due to new and relevant evidence. However, the case is remanded as the AOJ must consider the merits of the claim on its own.
- Denied
The Veteran's death was not caused by any service-connected disability, and there is no evidence of a presumptive relationship to herbicide exposure. The Board denied the claim for service connection for the cause of death.
- Granted
The Board has determined that the Veteran's death was due to VA carelessness, negligence, or lack of proper skill in not administering prophylactic antibiotics prior to his dental extractions. As a result, DIC benefits are granted.
- Granted
The Board has granted the appeals to sever service connection for bladder cancer, acute myelogenous leukemia (AML), and a dental condition secondary to AML. The reasons given are that there was no clear and unmistakable error in granting these conditions of service connection.
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.