Citation Nr: 21013891
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 17-13 874
DATE: March 10, 2021

REMANDED

Entitlement to service connection for prostate cancer and residuals thereof is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1961 to August 1963. 

This appeal comes to the Board of Veterans’ Appeals (Board) from an October 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran contends he was exposed to ionizing radiation during his military service in Korea while working on atomic bombs with the ADM team (atomic demolition munitions) during the operation Dominic period under a Secret clearance.  See March 2017 Appeal to Board of Veterans’ Appeals.  His service personnel records confirm he was granted a Secret clearance and served in Korea.  However, while they indicate he worked as a low speed radio operator, they do not clearly document activities involving nuclear weapons or other radiation exposure.  Nevertheless, a November 2013 letter from a radiation oncologist, S.W., M.D., indicates the Veteran’s prostate cancer is highly probably related to ionizing radiation exposure.  As prostate cancer is a radiogenic disease, the Board finds that the Agency of Original Jurisdiction (AOJ) should conduct additional development to obtain an assessment as to the size and nature of the radiation dose or doses that the Veteran may have been exposed to and forward the claim to the Under Secretary of Benefits for review in accordance with 38 C.F.R. § 3.111.  

The matters are REMANDED for the following action:

1. The AOJ should contact the Veteran and his current representative and request their assistance in identifying any outstanding relevant records including any outstanding service personnel records.  The AOJ should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran’s claims file.

2. After associating all outstanding relevant records with the Veteran’s claim’s file, the AOJ should conduct additional development to obtain an assessment as to the size and nature of the radiation dose or doses that the Veteran may have been exposed to and forward the claim to the Under Secretary of Benefits for review in accordance with 38 C.F.R. § 3.111. 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael Duffy, 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.