The Board has remanded the case due to a duty to assist error regarding the Veteran's service connection for cause of death, specifically his acute myeloblastic leukemia (AML). The AOJ needs to obtain a VA opinion to determine if AML was related to service, including exposure to herbicides.
The deciding factor: The Board found that there is no established duty to obtain a VA medical opinion regarding the relationship between the Veteran's AML and his in-service herbicide exposure as part of the August 2020 rating decision on appeal.
- Claimed conditions
- Acute Myeloblastic Leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2023
- Citation
- A23028676
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 A23028676.
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.
- Granted
The Board has determined that the Veteran's cause of death, acute myeloblastic leukemia, is presumed to be related to his exposure to Agent Orange during service in Vietnam.
- Denied
The Board has determined that the Veteran's cause of death and his claim for service connection for acute myeloblastic leukemia are both denied.
- Denied
The Board found that the cause of death was not related to service or any service-connected disability, and denied both claims for DIC benefits under 38 U.S.C.A. § 1318.
- Denied
The Board denied the claim of service connection for the cause of the veteran's death as due to Agent Orange exposure, finding that there was no positive association between exposure to herbicides and acute myeloblastic leukemia.
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