DIABETES MELLITUS

MATTHEW W. BLACKWELDER · 2026 · Case ID: A26039795

DENIED

Summary

The Veteran, who served from September 1972 to September 1974, appeals the denial of service connection for bone cancer and the denial of a compensable rating for monoclonal gammopathy of undetermined significance (MGUS). The Veteran contends that his MGUS should be rated based on residuals and that his MGUS might progress to bone cancer. The Board reviewed the evidence, including a November 2024 VA examination which confirmed the MGUS diagnosis but found no evidence of symptomatic multiple myeloma or bone cancer. The examiner noted the Veteran's subjective complaints of fatigue and anemia, and that he was taking medication for anemia, but the objective findings were consistent with MGUS. The Veteran's treating provider's statement in January 2026 also confirmed MGUS but not multiple myeloma. The Board noted that the Veteran's MGUS is rated at 0 percent under Diagnostic Code 7712, as symptomatic multiple myeloma is required for a higher rating. The Veteran's claim for bone cancer was denied as there was no current diagnosis of bone cancer, and the Veteran himself testified he does not have bone cancer. The Board concluded that the evidence did not support a finding of bone cancer or symptomatic multiple myeloma. Service connection for bone cancer is denied due to lack of a current diagnosis. The claim for a compensable rating for MGUS is denied because the Veteran has asymptomatic MGUS, not symptomatic multiple myeloma, and the evidence does not support a higher rating under the applicable diagnostic code.

Rationale

No evidence of symptomatic multiple myeloma; MGUS rated at 0 percent under DC 7712; No validated biomarkers for multiple myeloma

Special Benefit

NO SPECIAL BENEFIT

Diagnostic Code

7712

Docket No.

250117-513820

Full Decision Text

Citation Nr: A26039795
Decision Date: 04/28/26 Archive Date: 04/28/26

DOCKET NO. 250117-513820
DATE: April 28, 2026

ORDER

An initial compensable rating for monoclonal gammopathy of undetermined significance (MGUS) is denied.

Service connection for bone cancer is denied.

FINDINGS OF FACT

1. The Veteran has been diagnosed with monoclonal gammopathy of undetermined significance (MGUS), but not symptomatic multiple myeloma.

2. The evidence of record persuasively weighs against finding that the Veteran has had bone cancer at any time during or approximate to the pendency of the claim.

CONCLUSIONS OF LAW

1. The criteria for a compensable rating for monoclonal gammopathy of undetermined significance have not been met. 38 U.S.C. §§ 1155, 5701; 38 C.F.R. § 4.1, 4.3, 4.117, Diagnostic Code 7712.

2. The criteria for service connection for bone cancer are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from September 1972 to September 1974.

In the January 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on January 7, 2026.

Therefore, the Board may only consider the evidence of record at the time of the November 2024 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision, which was subsequently subject to higher-level review and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

1. An initial compensable rating for monoclonal gammopathy of undetermined significance (MGUS)

The Veteran asserts he should be assigned a compensable rating for his MGUS based on residuals.

The Veteran's MGUS is rated under 38 C.F.R. § 4.117, Diagnostic Code (DC) 7712, for multiple myeloma. Under DC 7712, symptomatic multiple myeloma is rated at 100 percent. Asymptomatic, smoldering, or monoclonal gammopathy of undetermined significance (MGUS) are rated at 0 percent. Current validated biomarkers of symptomatic multiple myeloma and asymptomatic multiple myeloma, smoldering, or monoclonal gammopathy of undetermined significance (MGUS) are acceptable for the diagnosis of multiple myeloma as defined by the American Society of Hematology (ASH) and International Myeloma Working Group (IMWG). Id., Note 1.

The 100 percent evaluation shall continue for five years after the diagnosis of symptomatic multiple myeloma, at which time the appropriate disability evaluation shall be determined by mandatory VA examination. Any reduction in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) and § 3.344 (a) and (b) of this chapter. Id., Note 2.

By way of background, the Veteran originally filed a claim for leukemia. VA treatment records show in November 2011, there was a suspicion of chronic lymphogenous leukemia. The treatment records indicate a single reference of a diagnosis of leukemia in September 2024, during a follow-up appointment for a low back condition. Subsequent treatment records, however, do not show any diagnosis for leukemia. The Veteran was diagnosed with MGUS based on lab testing in November 2023.

be determined by mandatory VA examination. Any reduction in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) and § 3.344 (a) and (b) of this chapter. Id., Note 2.

The Veteran was afforded a VA examination in November 2024, where his diagnosis of MGUS was confirmed. The examiner also diagnosed the Veteran with anemia, including iron deficiency, folic acid deficiency, and pernicious anemia. The Veteran reported that he was found to have early stages of leukemia, however, the examiner stated that there is a lack of confirmatory documentation, such biopsy reports for a diagnosis. The Veteran also did not have multiple myeloma. The Veteran reported fatigue and anemia and noted he is taking medication for his anemia. The examiner stated the status of his condition was at the MGUS level. He also noted the Veteran would have difficulty in a job capacity that requires strenuous physical activity, heavy lifting, carrying, pushing and extreme cold temperatures.

The Veteran submitted a statement from his VA provider in January 2026, who noted the Veteran is diagnosed with chronic kidney disease, thyroid cancer and MGUS, however, there was no mention of multiple myelomas. The accompanying treatment records also show the Veteran was educated on the spectrum and progression of MGUS to smoldering myeloma to multiple myeloma. It was noted that MGUS is a clinically asymptomatic premalignant clonal plasma cell or lymphoplasmacytic.

The Board notes that there is no evidence to show that the Veteran has been diagnosed with symptomatic multiple myeloma, which would be necessary to grant any higher rating under DC 7712.

At the January 2026 Board hearing, the Veteran contended that he should be granted an increased rating because of residuals. His representative stated he has symptoms of tingling, neuropathy in hands and feet, fatigue, skin changes, bone pain, fractures, kidney issues, blood disorders, pneumonia and dizziness. The Board acknowledges the Veteran's medical conditions, however, the evidence showed that the Veteran has MGUS, and not symptomatic multiple myeloma. Therefore, the VA must assign a rating based on the Veteran's MGUS diagnosis, and not based on the possibility that he will develop symptomatic multiple myeloma later.

Additionally, DC 7712 presents a binary choice: either the Veteran has "asymptomatic, smoldering, or [MGUS]," or he has "symptomatic multiple myeloma." The evidence unambiguously shows that the Veteran has MGUS, and there is no evidence to clearly state that the Veteran's residuals are symptoms of multiple myeloma. The VA examiner did not find any validated bio markers of MGUS that are acceptable for a diagnosis of multiple myeloma. If the Veteran obtains evidence to show that he has "symptomatic multiple myeloma," the Board encourages him to submit that evidence for consideration in a supplemental claim.

In sum, there is no evidence to show that the Veteran's condition has manifested as symptomatic multiple myeloma. Therefore, the Veteran's claim for a compensable rating for MGUS is denied.

2. Service connection for bone cancer

The Veteran contends that his service-connected MGUS may turn into bone cancer. See January 2026 Board Hearing.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

Neither service treatment records nor post-service treatment records show a diagnosis of bone cancer. Further, the Veteran testified at the January 2026 Board hearing that that he does not have bone cancer and his doctor did not tell him he has bone cancer. Rather, his providers do a bone marrow biopsy and special blood tests every four months to monitor for bone cancer.

The Veteran was provided a VA examination November 202
; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

The Veteran was provided a VA examination November 2024, where the examiner found that the Veteran does not have a current diagnosis of bone cancer. The Veteran had a bone marrow biopsy in May 2024, but bone cancer was thankfully not diagnosed.

The threshold requirement for the granting of service connection is competent evidence of a current disability. In the absence of evidence of a current disability, in this matter a diagnosis of bone cancer, there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992).

The Board concludes that the Veteran does not have a current diagnosis of bone cancer and has not had one at any time during the pendency of the claim or recent to the filing of the claim. The Veteran has conceded he has no diagnosis of bone cancer and there is no medical evidence showing a diagnosis of bone cancer.

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Accordingly, the claim for bone cancer is denied.

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Jaigirdar, B.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

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