Citation Nr: 0810876 Decision Date: 04/02/08 Archive Date: 04/14/08 DOCKET NO. 06-28 403 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUE Entitlement to service connection for urinary bladder malignant tumor, to include as a result of exposure to ionizing radiation. REPRESENTATION Appellant represented by: Arkansas Department of Veterans Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD T. S. Kelly, Counsel INTRODUCTION The veteran had active service from November 1945 to November 1947 and from June 1948 to June 1950. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2006 rating determination of the North Little Rock, Arkansas, Department of Veterans Affairs (VA) Regional Office (RO). The veteran appeared at a videoconference hearing at the RO before the undersigned Veterans Law Judge in September 2007. The Board also notes that disposition of this case has followed a grant of a motion to advance this appeal on the Board's docket pursuant to the provisions of 38 U.S.C.A. § 7107 (West 2002) and 38 C.F.R. § 20.900(c) (2007). This matter is remanded to the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required on his part. REMAND The veteran maintains that service connection is warranted for a urinary bladder malignant tumor as a result of exposure to atomic radiation/ionizing radiation due to his participation in Operation Crossroads. At his September 2007 hearing, the veteran indicated that following the atomic testing, his ship came in close proximity to other ships that had been placed in close proximity to the blast to determine what effect, if any, the blast had on them. He noted that the ship he was stationed on, the USS March, came within a quarter to one-half mile of the ships that had been subjected to the blast. He also reported that he swam in the waters that were adjacent to the ships when aboard the USS Marsh. Subsequent to the September 2007 hearing, the veteran submitted a statement from a VA physician that the veteran's transitional cell carcinoma of the bladder was at least as likely as not related to his prior radiation exposure. The VA physician did not supply any rationale to support his opinion. There is also no indication that the veteran's claims folder was reviewed by the physician prior to rendering the opinion. Under the VCAA, VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C.A. § 5103A(d). The evidence of a link between current disability and service must be competent. Wells v. Principi, 326 F.3d 1381 (Fed. Cir. 2003). The threshold for finding a link between current disability and service is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The Board further notes that the veteran has not been afforded a VA examination as it relates to his current urinary bladder malignant tumor as a result of exposure to ionizing radiation. The veteran has currently been diagnosed as having urinary bladder malignant tumor and he has submitted a statement from a VA physician relating this to his exposure to ionizing radiation. Based upon the above, the veteran should be afforded a VA examination. Accordingly, the case is REMANDED for the following action: 1. Schedule the veteran for a VA examination to determine the nature and etiology of his urinary bladder malignant tumor. All indicated tests and studies should be performed and all findings should be reported in detail. The claims folder should be made available to the examiner for review prior to the examination. The examiner should specifically review the findings made in the July 27, 2006 letter received from the Defense Threat Reduction Agency. Following examination and review of the claims folder, the examiner should render the following opinion: Is it at least as likely as not (e.g., a 50 percent or greater likelihood) that the veteran's urinary bladder malignant tumor and/or its residuals is related to his period of service? A compete detailed rationale is requested for any opinion rendered in a typewritten report. 2. The veteran is advised that this examination is necessary to adjudicate his claim, and that failure, without good cause, to report for the examination could result in the denial of his claim. 38 C.F.R. § 3.655 (2007). If the veteran fails to report for the VA examination, a copy of any notice informing him of the examination should be associated with the claims folder. 3. After completion of the above, if the claim is not fully granted, issue a supplemental statement of the case, before returning the case to the Board, if otherwise in order. The veteran has the right to submit additional evidence and argument on this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ A. C. MACKENZIE Acting 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) (2007).