Citation Nr: 21066042
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 17-28 646
DATE: October 28, 2021

REMANDED

Entitlement to service connection for cause of death, to include as due to radiation exposure in service, is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from November 1952 to November 1954.  Unfortunately, he died in February 2015 while this claim was pending.  The Appellant is his widow, who has been substituted into the appeal. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In this case, the appellant contends that the Veteran's leukemia (diagnosed as myelofibrosis), which contributed to his death, was caused by his exposure to radiation while in service.  

The record shows that the Veteran was awarded compensation in July 2016 based on a Radiation Exposure Compensation Act (RECA) claim, which is administered by the Department of Justice (DOJ).  However, the award letter does not specify the circumstances of the Veteran's exposure to radiation, or whether he was exposed while in active service.  In addition, the Board finds that any underlying records submitted to DOJ in support of the Veteran's RECA claim could be pertinent to the issue at hand.  As such, a remand is required to contact DOJ and the appellant in order to obtain these records. 

Moreover, a December 2016 memorandum by the Defense Threat Reduction Agency (DTRA), which found that the Veteran did not participate in atmospheric nuclear testing as defined by VA, does not indicate whether the RECA claim was considered in its findings.  As such, on remand, a new assessment should be requested from DTRA that considers any evidence submitted related to the Veteran's RECA claim.   

The matters are REMANDED for the following action:

1. Obtain the Veteran's Federal records relating to his claim for benefits from the Radiation Exposure Compensation Act (RECA) fund administered by the Department of Justice (DOJ), including from DOJ.  Notify and give the appellant an opportunity to submit these records as well.  

Document all requests for information, as well as all responses, in the claims file. 

2. Then, if additional information is received regarding the RECA fund award, request a Defense Threat Reduction Agency (DTRA) dose assessment or determination addressing the appellant's contention of in-service radiation exposure.  The new assessment should consider any evidence that was submitted to DOJ as part of the Veteran's RECA claim. 

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ariasaif, Mary

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.