Citation Nr: 19189727
Decision Date: 11/27/19	Archive Date: 11/27/19

DOCKET NO. 16-40 340
DATE: November 27, 2019

REMANDED

The issue of service connection for residuals of thyroid cancer is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1982 to July 1992.

This case is before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2019, the Veteran testified at a Board hearing.  A transcript of that hearing has been associated with the record.

The Veteran contends that he was exposed to ionizing radiation while working on B-52 aircrafts.  In response to a request to verify in-service radiation exposure, the Veteran’s military personnel records were associated with the virtual file, and they demonstrate that he worked as an avionics guidance and control systems technician for B-52, C-141, C-5, EC-135H, F-4G, and KC-135 aircraft.  The records, however, do not indicate whether the Veteran encountered nuclear weapons while performing aircraft maintenance or was otherwise exposed to radiation in service.  The Agency of Original Jurisdiction (AOJ) should comply with the procedures for developing claims based on potential exposure to ionizing radiation as set forth in 38 C.F.R. § 3.311.

The AOJ should request that the United States Army Dosimetry Center (USADC) provide all evidence regarding occupational radiation exposure..  See 38 C.F.R. § 3.311.

If the Veteran is determined to have been exposed to ionizing radiation in service, a medical opinion should be obtained addressing whether any such in-service exposure is related to thyroid cancer.  38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006).

The matters are REMANDED for the following action:

1. Obtain any outstanding records, including the Veteran’s VA treatment records for the period from August 2016 to the present.

2. Develop the issue of whether the Veteran was exposed to ionizing radiation in service pursuant to 38 C.F.R. § 3.311.  Then readjudicate the issue.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Costa, Counsel

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.