Citation Nr: 21023209 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 09-12 811 DATE: April 20, 2021 REMANDED The issue of service connection for chronic myelogenous leukemia (CML), claimed as due to radiation exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Air Force from July 1972 to July 1976. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2008 rating decision. In a February 2011 Board decision, the matter of service connection for CML was remanded to conduct additional development, including to obtain medical records, obtain service department records, and obtain an opinion from the Under Secretary for Benefits (USB) regarding whether the Veteran's CML was related to exposure to ionizing radiation during service in accordance with the provisions of 38 C.F.R. § 3.311(c). In an August 2019 Board decision, the claim of service connection for CML was denied. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). In August 2020, the Court granted a Joint Motion for Remand (JMR), vacating the Board’s decision and returning the Veteran’s claim of service connection for CML to the Board. In the August 2020 JMR, the parties agreed that the April 2019 USB Memorandum did not comply with the February 2011 Board remand directives. The parties stated that the remand directives specifically instructed that the USB memorandum should address (1) each of the six factors outlined in § 3.311(e), in particular requesting that the discussion with regard to items 3 and 6 be expanded; and, (2) the April 2009 opinion from Veteran’s VA oncologist. The parties agreed that although the USB is not explicitly required to reference each factor, given that the Board remand directives specifically instructed that each factor should be addressed, the USB’s failure to identify or discuss the factors makes it unclear as to whether the factors were sufficiently considered. Therefore, the parties agreed that a remand is necessary to obtain a new USB memorandum. Accordingly, the Board finds that a remand is now warranted to obtain a new USB memorandum as directed by the terms of the JMR. The matters are REMANDED for the following action: 1. Obtain an opinion from the Under Secretary for Benefits regarding whether the Veteran’s chronic myelogenous leukemia is related to exposure to ionizing radiation during service in accordance with the provisions of 38 C.F.R. § 3.311(c) (and (d), if warranted). The provided opinion should address: (a) each of the six items enumerated in 38 C.F.R. § 3.311(e), in particular the discussion with regard to items 3 and 6 should be expanded; [In accomplishing this, it would be useful if each of the six enumerated items were the subject of individual paragraphs] and, (Continued on the next page)   (b) the April 2009 VA oncologist’s statement. 2. Upon completion of any additional action deemed necessary, the agency of original jurisdiction (AOJ) should readjudicate the claim. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Page-Nelson, 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.