Citation Nr: 21073036
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 18-54 951
DATE: December 7, 2021

REMANDED

Entitlement to service connection for coronary artery disease, to include as secondary to contaminated water exposure at Camp Lejeune is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1952 to July 1955.

The claim currently before the Board was previously reopened and remanded in July 2019.

1. Entitlement to service connection for coronary artery disease, to include as secondary to contaminated water exposure at Camp Lejeune is remanded.

The Veteran was afforded a VA examination in November 2019. The VA examiner concluded that it was less likely than not that the Veteran's coronary artery disease was related to service. The examiner's rationale noted that coronary artery disease is not a disorder that is subject to presumptive service connection under 38 C.F.R. § 3.309(f). The examiner also copied a website link to an overview of a relevant study and copied a sentence from the abstract of the study. 

 

The Veteran has contended that he was exposed to radiation while in service, specifically while he served on the USS Rockwell from January 1954 to May 1954. He has also submitted a medical opinion that discusses a connection between radiation exposure and his coronary artery disease. Upon remand, the VA should search for records regarding the decontamination from possible nuclear exposure of the USS Rockwell after Bikini Atoll. 

The matters are REMANDED for the following action:

1. The Agency of Original Jurisdiction must contact the appropriate entity to determine whether the USS Rockwell was decontaminated after nuclear exposure at Bikini Atoll. Any findings should also be sent to the November 2019 VA examiner and the Veteran.

2. The claim should be returned to the November 2019 VA examiner for an addendum opinion. The VA examiner must discuss whether it as least as likely as not (i.e. a 50 percent or greater probability) that the Veteran's coronary artery disease is directly related to service.

(a.) The VA examiner must discuss the Veteran's contention that he was potentially exposed to radiation during service. The Agency of Original Jurisdiction must send any findings made about the decontamination of the USS Rockwell to the VA examiner.

 

(b.) The VA examiner should discuss the September 22, 2021 private medical opinion from Dr. C.M.

A rationale for all opinions expressed should be provided.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jonah Nelson, 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.