The Veteran's cause of death was sepsis due to pancytopenia and chemotherapy for MDS, which the Board found service-connected based on exposure to herbicide agents. DIC benefits under 38 U.S.C. § 1318 were denied as the Veteran did not meet the durational requirements.
The deciding factor: The pathologist's opinion established a causal relationship between the Veteran's MDS and AML, which developed into sepsis due to chemotherapy, and exposure to herbicide agents, specifically dioxins from Agent Orange compounds.
- Claimed conditions
- myelodysplastic syndrome (MDS), acute myeloid leukemia (AML)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- February 14, 2023
- Citation
- 23009428
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 23009428.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Granted
The Board has granted service connection for myelodysplastic syndrome (MDS) due to presumed exposure to environmental hazards during military service, specifically burn pits. The Veteran's MDS is considered presumptively related to his Gulf War service.
- Whole decision: Granted
Service connection for MDS is granted, and a higher initial disability rating of 40 percent for the service-connected back disability is also granted. Other issues on appeal are resolved in favor of the appellant.
- Whole decision: Granted
The Board has determined that the Veteran's myelodysplastic syndrome (MDS) is related to his in-service exposure to herbicide agents, and thus service connection for MDS is granted.
- Whole decision: Dismissed
The Veteran's appeal for service connection of myelodysplastic syndrome (MDS) has been dismissed due to the Veteran's death during the pendency of the appeal.
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