Citation Nr: 21075327 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 16-51 274 DATE: December 20, 2021 REMANDED The issue of service connection for myelodysplastic syndrome, also claimed as leukemia, as due to radiation exposure, is remanded. REASONS FOR REMAND The Veteran had active service from October 1946 to June 1949. He died in 2015; the Appellant is his surviving spouse. The Appellant has been properly substituted as the claimant. This matter comes before the Board of Veterans' Appeals (Board) on an October 2021 joint motion for remand (JMR) from the Court of Appeals for Veterans Claims (Court), which vacated the February 2020 Board decision that denied the Veteran's appeal when it determined that new and material evidence had been received to reopen the claim of entitlement to service connection for myelodysplastic syndrome, also claimed as leukemia, as due to radiation exposure. This remand implements the directives of the JMR. Therefore, the issue of service connection for myelodysplastic syndrome, also claimed as leukemia, as due to radiation exposure, is remanded in accordance with the October 2021 JMR from the Court for the Regional Office (RO) to attempt to locate and obtain all outstanding military personnel records. The issue of service connection for myelodysplastic syndrome, also claimed as leukemia, as due to radiation exposure, is remanded. The matter is REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: In March 2011, VA requested personnel records from the Personnel Information Exchange System (PIES), and the inquiry was sent to the National Personnel Records Center (NPRC). However, a response received in April 2011 stated that the record is unavailable due to fire and that the information requested cannot be reconstructed. In November 2011, VA notified the Veteran that despite attempts to locate his personnel records for the period from October 14, 1946 to June 11, 1949, the records are unavailable. In February 2012, VA notified the Veteran that his file had been sent to the Department of Veterans Affairs Central Office, Compensation and Pension Service in Washington D.C. to further research his claimed exposure. In an October 2012 letter from the Defense Threat Reduction Agency and U.S. Strategic Command Center for Combating Weapons of Mass Destruction, the Veteran was notified that historical records do not document that he participated in atmospheric nuclear testing and no record was found of radiation exposure for him. It was noted that the record indicated that the Veteran reported to the 43rd Weather Wing, Tokyo, Japan on February 1, 1948. The Veteran then reported to the 20th Weather Squadron, Nagoya, Japan on February 4, 1948. Afterward, the Veteran was assigned to the Air Weather Service Detachment, Osaka, Japan on February 6, 1948. On March 2, 1948 the Veteran was reassigned from the 20th Weather Squadron to Headquarters, 514th Reconnaissance Squadron Weather, Guam, Marianas Islands. It was noted that the Veteran was assigned temporary duty to Yokota, Japan on March 12, 1949, and returned to his unit in Guam on March 23. It was noted that the Veteran was detached from the 514th Reconnaissance Squadron on May 24, with orders to report to San Francisco, California. It was noted that the Veteran was discharged from service on June 11, 1949. It was noted that the Veteran remained in Guam during, and in the six-month post-operational period following, Operation Sandstone. It was noted that only one atmospheric nuclear test series was conducted from October 14, 1946 to June 11, 1949, which was Operation Sandstone from April 15 to May 20, 1948. Although the November 2011 VA notification shows that despite attempts to locate his personnel records for the period from October 14, 1946 to June 11, 1949, the records are unavailable, the October 2012 letter shows that, at least, some of the Veteran's personnel records are available, but have not been associated with the claims file. Accordingly, remand is necessary to obtain these outstanding records. See 38 C.F.R. § 3.159. THE REMAND DIRECTIVES FOLLOW. 2. Make all reasonable efforts to obtain records and historical reports for the period from October 14, 1946 to June 11, 1949. The researcher's attention is drawn to the following: * In March 2011, VA requested personnel records from the PIES, and the inquiry was sent to the NPRC. However, a response received in April 2011 stated that the record is unavailable due to fire and that the information requested cannot be reconstructed. In November 2011, the Veteran was notified that despite attempts to locate his personnel records for the period from October 14, 1946 to June 11, 1949, the records are unavailable. * An October 2012 letter from the Defense Threat Reduction Agency and U.S. Strategic Command Center for Combating Weapons of Mass Destruction shows the following: the Veteran reported to the 43rd Weather Wing, Tokyo, Japan on February 1, 1948; he reported to the 20th Weather Squadron, Nagoya, Japan on February 4, 1948; he was assigned to the Air Weather Service Detachment, Osaka, Japan on February 6, 1948; he was reassigned from the 20th Weather Squadron to Headquarters, 514th Reconnaissance Squadron Weather, Guam, Marianas Islands on March 2, 1948; he was assigned temporary duty to Yokota, Japan on March 12, 1949, and returned to his unit in Guam on March 23, 1949; he was detached from the 514th Reconnaissance Squadron on May 24, with orders to report to San Francisco, California; he remained in Guam during, and in the six-month post-operational period following, Operation Sandstone; and he was discharged from service on June 11, 1949. It was noted that only one atmospheric nuclear test series was conducted from October 14, 1946 to June 11, 1949, which was Operation Sandstone from April 15 to May 20, 1948. * The Veteran reported radiation exposure in Bikini Atoll in approximately January 1948 during a three-day layover on his way from Honolulu to Tokyo. * The Appellant contends that the Veteran was deployed to the South Pacific from 1948 to 1949, with service in Guam during, and for the 6-month period immediately following, Operation Sandstone. 3. Make all reasonable efforts to obtain the Veteran's military payroll records or verification from the Defense Finance Accounting Service (DFAS). 4. Conduct any other appropriate research necessary to obtain records of the Veteran's service, for the period from October 14, 1946 to June 11, 1949. All reasonable efforts to obtain these and any other necessary records must made and documented in the file. If the records cannot be obtained, an explanation should be provided and annotated in the record, and the Appellant and her attorney should be notified. 5. Following the review and any additional development deemed necessary, re-adjudicate the claim. If the claim is not granted in entirety, issue an appropriate supplemental statement of the case (SSOC) and forward the claim to the Board for adjudication. The Appellant has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). (CONTINUED ON THE 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 (Court) for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Timothy T. Emmart The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.