Citation Nr: 21009934
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 18-14 333
DATE: February 23, 2021

REMANDED

Entitlement to service connection for the cause of the Veteran's death is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from November 1957 to November 1960 and in the United States Air Force from November 1960 to December 1977.  He died in July 2015.  The Appellant is his surviving spouse. 

In November 2020, the Appellant testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record

Entitlement to service connection for the cause of the Veteran's death is remanded.

The Appellant contends that the Veteran’s cause of death is related to his exposure to radiation, chemicals, and herbicide at Johnston Atoll.  The Veteran’s July 2015 death certificate reflects his cause of death was cardiopulmonary arrest with chronic lymphocytic leukemia with metastatic squamous cel carcinoma of the face contributing to his cause of death.  While in an October 2017 formal finding, the Joint Services Research Center (JSRRC) determined that there was a lack of evidence to verify that the Veteran was exposed to herbicide on Johnston Atoll, a June 2017 letter from the Defense Threat Reduction Agency (DTRA) provided the Veteran’s radiation dose assessment was “not zero” while he served at Johnston Atoll.  Accordingly, the Board cannot make a fully-informed decision because no VA examiner has opined whether the Veteran’s cause of death is related to exposure to radiation or chemicals at Johnston Atoll.  An advisory medical opinion is necessary.

The matters are REMANDED for the following action:

1. Obtain an advisory medical opinion from an appropriate clinician regarding the nature of the Veteran’s cause of death.  Copies of all pertinent records, including this remand, must be made available to the examiner for review.  Based on the review of the record, the examiner should answer the following:  

Is it at least as likely as not that the Veteran’s cardiopulmonary arrest chronic lymphocytic leukemia or metastatic squamous cel carcinoma of the face were caused by his documented radiation exposure or exposure to chemicals at Johnston Atoll?  Why or why not?

The examiner must explain the rationale for all opinions in detail, citing to supporting clinical data and/or medical literature, as appropriate. The fact that cardiopulmonary arrest, chronic lymphocytic leukemia, and metastatic squamous cel carcinoma of the face are not disabilities presumed to be related to radiation exposure is not sufficient to serve as a rationale in this case.  If an opinion cannot be provided, the examiner should indicate why.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Eric Struening

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.