Citation Nr: 21010667
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 14-08 974
DATE: February 25, 2021

REMANDED

Entitlement to service connection for lung cancer, to include as due to ionizing radiation exposure, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from December 1959 to November 1963.  He died in February 2016 during the pendency of his appeal.  The appellant is his surviving spouse, who has been substituted as the claimant for the purposes of processing the Veteran’s claim on appeal to completion.  38 U.S.C. § 5121A.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from      a December 2012 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded the claim for further development in July 2015 and February 2018.

In a December 2018 decision, the Board denied the claim for service connection for lung cancer.  The appellant then appealed the December 2018 decision to the United States Court of Appeals for Veterans Claims (Court), and in a June 2020 memorandum decision, the Court vacated the December 2018 Board decision and remanded the claim for further development.  

In the June 2020 memorandum decision, the Court noted that the Veteran’s DD Form 1141 had not been forwarded to the Under Secretary for Health.  The Court also found that the April 2018 dose estimate, relied upon by the Director of Compensation Service, had not taken into consideration the appellant’s DD Form 1141 or the information therein.  Therefore, the Board finds that additional development is required to ensure compliance with 38 C.F.R. § 3.311 and the June 2020 memorandum decision from the Court.  Specifically, the agency of original jurisdiction (AOJ) should request that the Surgeon General of the Air Force, Air Force Medical Support Agency (AFMSA), ATTN: SG3PB (Radiation Health), prepare another radiation dose estimate.  This request should include actual copies of the Veteran’s DD Form 1141, the Record of Exposure to Ionizing Radiation and equivalent records, the December 2012 Radiation Risk Activity Information Sheet and all statements from the Veteran and others concerning his exposure.  

The AOJ should ensure that the file contains documentation of all documents accompanying the radiation dose estimate request.

The AOJ should then ensure that any response from the Air Force, Air Force Medical Support Agency (AFMSA), ATTN: SG3PB (Radiation Health) and/or the Director of Compensation Services specifically discusses the Veteran’s DD Form 1141 per the June 2020 memorandum decision.

Accordingly, the case is REMANDED for the following action:

1.  The AOJ should provide the Surgeon General of the Air Force, Air Force Medical Support Agency (AFMSA), ATTN: SG3PB (Radiation Health), or other appropriate agency, with actual copies of the following documents and obtain a radiation does estimate:

(a) the Veteran’s DD Form 1141, 

(b) Record of Ionizing Radiation and equivalent records,

(c) the December 2012 Radiation Risk Activity Information Sheet, and 

(d) all statements from the Veteran and others concerning his exposure.

2.  The AOJ should ensure that the file contains documentation of all documents accompanying the request for a radiation dose estimate. 

3.  The AOJ should ensure that any response from the Air Force, Air Force Medical Support Agency (AFMSA), ATTN: SG3PB (Radiation Health) and/or the Director of Compensation Services specifically discusses the Veteran’s DD Form 1141. 

 

4.  After completing these actions, the AOJ should conduct any other development as may be indicated by a response received as a consequence of the actions taken in the preceding paragraphs.

 

 

Nathaniel Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Rideout-Davidson, 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.