The Board remands the claims for service connection for hairy cell leukemia and related disabilities due to a lack of evidence regarding exposure to ionizing radiation.
The deciding factor: Remand is necessary because the AOJ did not fulfill its duties under 38 C.F.R. § 3.311 to make a determination regarding exposure to ionizing radiation, which could significantly impact the decision on the issues of entitlement to service connection for back disability, left knee disability, right knee osteoarthritis, blood disorder, and loss of teeth.
- Claimed conditions
- hairy cell leukemia, back disability secondary to hairy cell leukemia, left knee disability secondary to hairy cell leukemia, right knee osteoarthritis secondary to hairy cell leukemia, blood disorder secondary to hairy cell leukemia, loss of teeth secondary to hairy cell leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004038
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 granted service connection for hairy cell leukemia as due to herbicide exposure and the cause of death, resolving all reasonable doubt in favor of the Veteran.
- Denied
The Board denied service connection for hairy cell leukemia as the evidence did not support a finding that it began during service, manifested to a compensable degree within one year after discharge from active duty, or was otherwise related to an in-service injury, event, or disease.
- Granted
The Board granted service connection for hairy cell leukemia, finding that the Veteran's condition is related to his military service and exposure to contaminated drinking water at Fort Sam Houston.
- Remanded (sent back)
The Board remands the claim for service connection of hairy cell leukemia to confirm exposure to ionizing radiation and obtain a medical opinion on its etiology.
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