The Board has determined that the VA medical opinions provided are insufficient to address all of the Veteran's contentions regarding his claims for compensation under 38 U.S.C. § 1151, and thus remands the cases for further development.
The deciding factor: The VA medical opinion did not adequately address whether VA took timely action to identify and treat an infection in the post-operative shoulder, whether sutures placed in the November 2010 surgery caused or aggravated an infection in the shoulder, and whether acute myeloid leukemia was caused or aggravated by the November 2010 surgery, follow-up treatment, and/or subsequent infection.
- Claimed conditions
- Acute Myeloid Leukemia, Right Shoulder Rotator Cuff
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2024
- Citation
- 24011915
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 24011915.
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 remanded the case due to incomplete service personnel records, which may affect the Veteran's cause of death claim.
- Remanded (sent back)
The Veteran's claim for service connection for acute myeloid leukemia is being remanded due to a duty to assist error. The AOJ needs to obtain an updated medical opinion regarding the etiology of the Veteran's AML, including its relationship to in-service herbicide exposure.
- Granted
The Veteran is granted special monthly compensation (SMC) under 38 U.S.C. § 1114(o) and (r)(1) based on his need for aid and attendance due to service-connected disabilities.
- Granted
The Veteran's cause of death, acute myeloid leukemia, is found to be directly related to his in-service exposure to Agent Orange and benzene. The claim for service connection for the cause of the Veteran's death is granted.
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