Citation Nr: 19140362
Decision Date: 05/24/19	Archive Date: 05/24/19

DOCKET NO. 16-43 473
DATE:	May 24, 2019

REMANDED

Service connection for cause of death is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army from September 1945 to February 1947.  The issue is on appeal from a January 2015 rating decision.

The Board of Veterans’ Appeals (Board) notes the Veteran passed away in October 2014 due to chronic lymphocytic leukemia (CLL).  The appellant is his widow.

Service connection for cause of death is remanded.

As noted above, the Veteran’s death certificate lists CLL as the reason for his passing.  At the time of his death, he was service connected for post-traumatic stress disorder at a 70 percent disability rating.  The Board notes that he was not service connected for CLL at the time of his death.

Regardless, in a March 2019 Travel Board hearing, the Veteran’s widow testified that the Veteran had been exposed to radiation while stationed in Japan, close to where the nuclear bombs were dropped.  Further, she testified that he also assisted the Red Cross in painting signs, further exposing him to the lead that was commonly found in paint during that time.  Although the VA formally found that the Veteran’s military personnel records are missing in a May 2011 memo, a page that was obtained shows that the Veteran did create and paint signs for the Red Cross as part of his duties.

The Veteran’s claims file does not show attempts to verify his radiation exposure.  On remand, attempts should be made to obtain documentation from appropriate sources, such as the Defense Threat Reduction Agency or the VA Under Secretary for Benefits, regarding the claimed radiation exposure, including, but not limited to the Veteran’s Record of Occupational Exposure to Ionizing Radiation (DD Form 1141).

Finally, the appellant’s representative submitted three articles in March 2019. Two of the articles discuss studies potentially linking CLL to radiation exposure and genetics.  One of the articles reviews a study regarding CLL with lead nitrate exposure found in paint.  On remand, a medical opinion should be obtained discussing the three articles and whether the Veteran’s CLL was at least as likely as not caused by either radiation exposure or lead nitrate exposure.

The matter is REMANDED for the following action:

1. Develop the appellant’s assertion that he was exposed to radiation while stationed in Japan.  If evidence of possible exposure to radiation or ionizing radiation is found, obtain a dose assessment and an opinion.  If more details are needed, contact the appellant to request the information.

2. Obtain a medical opinion discussing the three journal articles provided by the appellant’s representative.  Once reviewed, the examiner should provide an opinion on whether it is at least as likely as not that the Veteran’s cause of death, CLL, is due to or caused by his radiation exposure or lead nitrate exposure.

3. Readjudicate the appeal.



 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	J. Lee, Associate 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.