Citation Nr: 20042674 Decision Date: 06/24/20 Archive Date: 06/24/20 DOCKET NO. 18-43 549 DATE: June 24, 2020 REMANDED Service connection for prostate cancer is remanded. Service connection for thyroid cancer is remanded. Service connection for chronic myeloid leukemia is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1972 to January 1974. 1. Service connection for prostate cancer is remanded. 2. Service connection for thyroid cancer is remanded. 3. Service connection for chronic myeloid leukemia is remanded. The Veteran contends that his thyroid cancer, prostate cancer, and chronic myeloid leukemia are the result of exposure to ionizing radiation while stationed in Europe between July 1972 and January 1974. In cases involving exposure to ionizing radiation, VA has additional specific duties. Specifically, in all claims in which it is established that a radiogenic disease first became manifest after service and was not manifest to a compensable degree within any applicable presumptive period as specified in §3.307 or §3.309, and it is contended the disease is a result of exposure to ionizing radiation in service, an assessment must be made as to the size and nature of the radiation dose or doses. Particularly, a request must be made for any available records concerning the veteran’s exposure to radiation. These records normally include but may not be limited to the veteran's Record of Occupational Exposure to Ionizing Radiation (DD Form 1141), if maintained, service medical records, and other records which may contain information pertaining to the veteran’s radiation dose in service. All such records will be forwarded to the Under Secretary for Health, who will be responsible for preparation of a dose estimate, to the extent feasible, based on available methodologies. 38 C.F.R. § 3.311 (a)(1); 3.311(a)(2)(iii). Thereafter, if evidence suggests that the Veteran was exposed to ionizing radiation as a result of active service, the Veteran subsequently developed a radiogenic disease, and that disease became manifest within a specified time, then the claim must be referred to the Under Secretary for Benefits for initial consideration. See 38 C.F.R. § 3.311 (b)(1). Here, the Veteran had thyroid cancer and prostate cancer, and currently has chronic myeloid leukemia, all of which are listed as radiogenic diseases. 38 U.S.C. § 1112 (c); 38 C.F.R. § 3.309 (d). Each cancer first became manifest after service and none were manifest to a compensable degree within any applicable presumptive period as specified in 38 C.F.R. § 3.307 or § 3.309. The Veteran contends his cancers were caused by ionizing radiation while he served in Europe, specifically during his duties as a missile crewman when he was assigned to a NATO warhead detachment. The Veteran’s service medical records and personnel records were requested and received; a request for a DD-1141 was made. However, the Veteran’s records were not thereafter forwarded to the Under Secretary for Health for preparation of a dose estimate. See 38 C.F.R. § 3.311 (a)(1); 3.311(a)(2)(iii). A remand is necessary for such development. The matters are REMANDED for the following action: 1. Forward the claims folder and any other pertinent documents to the VA Under Secretary for Health for a radiation dose estimate in accordance with 38 C.F.R. § 3.311 (a)(2)(iii). In making the requested dose estimate, the Under Secretary should comment on the reports of occupational exposure submitted by the Veteran in support of his claim. 2. If the Under Secretary for Health determines that the Veteran was exposed to ionizing radiation, forward the Veteran’s claim to the VA Under Secretary for Benefits for consideration in accordance with 38 C.F.R. § 3.311 (c). H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Morse 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.