Citation Nr: 21012194
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 19-05 928A
DATE: March 3, 2021

REMANDED

Entitlement to service connection for Waldenström’s macroglobulinemia due to radiation exposure is remanded.

Entitlement to service connection for anemia with fatigue is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1964 to March 1968.

The Appellant claims as the Veteran’s surviving spouse. The Veteran died in October 2019. Within a year of his death, the Veteran’s surviving spouse filed a request to be substituted in the appeal as the Appellant pursuant to 38 U.S.C. § 5121A. The Appellant’s request to be substituted was granted in July 2020. Accordingly, the Appellant has been substituted as the claimant for the purposes of the issues on appeal.

1. Service connection for Waldenström’s Macroglobulinemia due to radiation exposure is remanded.

In August 2019, the Board remanded the claim for service connection for Waldenström’s macroglobulinemia for further development pursuant to the procedures outlined in 38 C.F.R. § 3.311 applicable to claims based on exposure to ionizing radiation, including obtaining a radiation dose assessment.

The record reflects that in September 2020 the Agency of Original Jurisdiction (AOJ) requested a DD 1141 Record of Exposure to Ionizing Radiation, or an equivalent record of occupational radiation exposure, from the Office of the Surgeon General of the Air Force. 

In December 2020, a response memorandum and an AF Form 1527-2 “Cumulative Occupational Exposure History to Ionizing Radiation” were associated with the Veteran’s claim file. However, these documents refer to a different Veteran. To date, no correct information relating to the Veteran’s service and radiation exposure has been associated with the file. Review of the January 2021 Supplementary Statement of the Claim shows the AOJ relied solely on the incorrect radiation exposure information contained in the December 2020 response to deny the instant claim. Additionally, and as noted by the Appellant’s representative in a February 2020 communication, the claim does not appear to have been referred to the Under Secretary for Health for a radiation dose assessment prior to being readjudicated.

As such, the August 2019 remand instructions were not complied with. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Another remand is required to ensure the AOJ properly develops the instant claim in accordance with 38 C.F.R. § 3.311, including obtaining a dose assessment and referral to the Under Secretary for Health.

2. Service connection for anemia with fatigue is remanded.

Because a decision on the remanded issue of entitlement to service connection for Waldenström’s macroglobulinemia could significantly impact a decision on the issue of entitlement to service connection for anemia with fatigue, the issues are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). Therefore, a remand is required.

The matters are REMANDED for the following action:

1. Develop the claim that the Veteran’s Waldenström’s macroglobulinemia was due to in-service exposure to radiation. All special development procedures outlined in 38 C.F.R. § 3.311 must be complied with.

2. Thereafter, readjudicate the claims. If a complete grant of the benefits sought is not granted, issue a Supplemental Statement of the Case (SSOC) to the Appellant and her representative.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Morse

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.