The appeal is remanded to address duty to assist errors related to the Veteran's exposure to ionizing radiation and to obtain a medical opinion.
The deciding factor: The Board must ensure compliance with the Court's order by verifying the Veteran's claims regarding ionizing radiation exposure and obtaining necessary evidence.
- Claimed conditions
- leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- 24032632
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.
- Partly granted
The Board denied service connection for a blood disorder of acquired autoimmune hemolytic anemia (AIHA) and remanded the issue of entitlement to service connection for a blood disorder of myelodysplastic/myeloproliferative neoplasms (MDN/MPN) with neutrophilia/atypical chronic myeloid leukemia (CML).
- Partly granted
The Board granted service connection for bilateral tinnitus with an effective date of January 4, 2022, but no earlier. Service connection was also granted for an acquired psychiatric disorder to include depression and posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for leukemia to ensure the Veteran is afforded a VA examination and an opinion on the etiology of his condition, as well as to determine if he participated in any toxic exposure risk activities during service.
- Remanded (sent back)
The Board remands the claim for service connection for leukemia, to include CML and chronic B-cell leukemia/hairy cell leukemia, as it requires a medical opinion under the PACT Act.
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