Citation Nr: 20021077 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 17-10 166 DATE: March 24, 2020 REMANDED The issue of accrued benefits based on service connection for prostate cancer is remanded. The issue of accrued benefits based on service connection for colon cancer is remanded. The issue of accrued benefits based on service connection for ischemic heart disease (IHD) is remanded. REASONS FOR REMAND The Veteran had active service from June 1951 to June 1955 and August 1955 to August 1971. He died from Alzheimer’s disease in January 2016. The Appellant is the Veteran’s surviving spouse. This appeal is before the Board of Veterans’ Appeals (Board) from a February 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. 1. Prostate cancer 2. Colon cancer 3. IHD The matters are REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: The Appellant contends that the Veteran was exposed to radiation during active duty service and that this radiation caused his prostate cancer, colon cancer, and IHD. In January 2020, the VA Compensation Service reviewed the Veteran’s claim and stated that there were “no letters from any Military Service . . . in the record indicating a dose estimate for exposure to ionizing radiation; current records [showed] no evidence the Veteran was occupationally exposed, nor did he participate in radiation risk activity.” The Director concluded that there was no dose information in the claims file or evidence that the Veteran was occupationally exposed. However, the claims file contained a Record of Exposure to Ionizing Radiation which indicates that the Veteran was exposed to radiation on October 28, 1960, by a DT60 readings of 15R. VA noted in the February 2020 supplemental statement of the case that “15R, or roentgen, is converted to 13.155 millirem (mrem)” which is equivalent to a single dose of radiation slightly more than a chest x-ray. The January 2020 VA Compensation Service’s determination is silent as to this evidence. VA’s duty to assist includes making reasonable efforts to help a claimant obtain evidence necessary to substantiate the claim. See 38 U.S.C. § 5103A; 38 C.F.R. §§ 3.159 (c)(4). Remand is necessary for development of the Veteran’s asserted exposure to ionizing radiation under 38 C.F.R. § 3.311. 2. The RO should contact the VA Compensation Service (or the appropriate reviewing body) and request a review of the Veteran’s claims file for the development of exposure to ionizing radiation under 38 C.F.R. § 3.311. The reviewer should make a formal finding as to whether the Veteran was exposed to ionizing radiation and should specifically cite and opine as to the Record of Exposure to Ionizing Radiation contained in the claims file, to include the documented exposure on October 28, 1960. 3. Conduct any other development necessary to adjudicate the Veteran’s claims, including obtaining updated VA medical opinions, if needed. 4. After completion of the above and any other appropriate development deemed necessary, readjudicate the issues on appeal. If any benefit sought on appeal remains denied, the Appellant should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board. The Veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). (CONTINUED ON NEXT PAGE) This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board 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. §§ 5109B, 7112 (2012). Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Carolyn M. Colley 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.