Citation Nr: 0305135 Decision Date: 03/19/03 Archive Date: 04/03/03 DOCKET NO. 02-01 198 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUE Entitlement to service connection for prostate cancer due to radiation exposure. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert A. Leaf, Counsel INTRODUCTION The veteran had active service from May 1954 to November 1957. This appeal to the Board of Veterans' Appeals (Board) arises from rating actions of a Regional Office (RO) of the Department of Veterans Affairs (VA). REMAND The record indicates that the veteran may have been exposed to ionizing radiation during his participation in atmospheric testing of nuclear weapons. Prostate cancer became manifest during the applicable presumptive period after putative radiation exposure. The Board notes that prostate cancer is a radiogenic disease pursuant to 38 C.F.R. § 3.311. The Defense Reduction Agency reported that the veteran was present at atmospheric tests code-named WIGWAM and REDWING, and that the radiation dose level was 0.0 rem gamma at WIGWAM, and 0.11 rem gamma at REDWING, reconstructed to read 0.0 rem gamma as well. Accordingly, this case is remanded to the RO for the following actions: 1. The RO should invite the veteran to submit competent evidence regarding the amount of radiation he was exposed to during Operations WIGWAM and REDWING. Any opinion offered must include detail the professional qualifications of the person offering the estimate, and indicate what evidence was reviewed in preparing the estimate. 2. Regardless of the appellant's response, the claims folder must be forwarded to the VA Under Secretary for Benefits for appropriate action and development in accordance with 38 C.F.R. § 3.311(a), to include a possible referral to the Under Secretary for Health. 3. The RO should also undertake any other development it determines to be required. Then, the RO should readjudicate the issue on appeal. If the benefit sought on appeal is not granted to the appellant's satisfaction, the RO should issue a Supplemental Statement of the Case and provide the appellant and his representative an appropriate opportunity to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. No action is required of the appellant unless he is otherwise notified by the RO. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). _________________________________________________ DEREK R. BROWN Veterans Law Judge Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2002).