Citation Nr: 21003560 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 06-10 567 DATE: January 21, 2021 REMANDED Service connection for colon cancer, claimed as due to ionizing radiation exposure, is remanded. Service connection for the cause of the Veteran’s death, claimed as due to ionizing radiation exposure, is remanded. REASONS FOR REMAND The Veteran served in the United States Army National Guard and Army Reserve, including periods of active duty for training (ACDUTRA)from February 22, 1958, to August 21, 1958, and from July 1,1962, to July 15, 1962. He died in October 2004. The appellant is his surviving spouse and has been substituted as the claimant for the purposes of processing the claim to completion. 38 U.S.C. § 5121A. The Veteran testified at a hearing before a Veterans Law Judge in December 2002. The appellant testified before a Veterans Law Judge in March 2008. This case has a long procedural history, which includes prior Board Decisions, Remands, and appeals to the United States Court of Appeals for Veterans Claims (Court). Most recently, a January 2019 Board Decision denied the appellant’s claims. The appellant appealed this determination to the Court and in November 2019, a Joint Motion for Remand (JMR) was granted by the Court, which vacated the January 2019 Decision and remanded the matters back to the Board for additional development. Pursuant to that JMR, the Board remanded these matters in August 2020. A supplemental statement of the case (SSOC) was issued in October 2020 and the matters were returned to the Board for adjudication. Service Connection for Colon Cancer Service Connection for Cause of Death The Board regrets additional delay. However, subsequent to the issuance of the October 2020 SSOC, both the appellant and her representative requested correction of the October 2020 SSOC and issuance of a corrected SSOC. See November 2020 statement in support of claim and December 2020 correspondence. In the November 2020 statement in support of claim, the appellant’s representative noted that the October 2020 SSOC stated that exposure to radiation while on active duty had been conceded and that the Veteran was not exposed to radiation while in-service. The appellant’s correspondence stated that the SSOC indicated the Veteran had been exposed to ionizing radiation but did not note his exposure via drinking contaminated water and ingestion of trinitite. The Board notes throughout the course of the Veteran and appellant’s claims, the Veteran’s exposure to “ionizing radiation” has included the exposure to radiation which may have been contained in soil, water, and vegetation. See October 2020 Director, Post 9/11 Environmental Health Program (12POP5) Memorandum. Thus, consideration for the radiation exposure of the Veteran has been maintained throughout the appeal under the term “ionizing radiation.” However, the Board agrees that the October 2020 SSOC contained conflicting statements about the Veteran’s in-service radiation exposure. The Veteran’s radiation exposure in-service has been conceded (see January 2019 Board Decision) and the October SSOC statement indicating that there were no records which showed exposure to ionizing radiation during service is incorrect. As requested, remand is necessary to issue a corrected SSOC. The matters are REMANDED for the following action: Send the appellant and her representative a supplemental statement of the case (SSOC) that addresses the issues of service connection for colon cancer, to include as due to exposure to ionizing radiation, and service connection for the cause of the Veteran’s death, to include exposure to ionizing radiation while in-service. The SSOC should note that the Veteran’s exposure to ionizing radiation while in-service has been conceded and established. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.