Citation Nr: 22014495
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 15-00 327A
DATE: March 14, 2022

REMANDED

Entitlement to service connection for the cause of the Veteran's death, claimed as the result of ionizing radiation exposure, is remanded.

REASONS FOR REMAND

The Veteran had active service from September 1967 to March 1972.  He died in June 2011.  The Appellant is the Veteran's surviving spouse. 

Entitlement to service connection for the cause of the Veteran's death, claimed as the result of ionizing radiation exposure, is remanded. 

The Appellant asserts that service connection for the cause of the Veteran's death is warranted as his fatal pulmonary fibrosis and myelodysplasia were related to his ionizing radiation exposure while serving with the Air Force's 21st Communication Squadron in Seville, Spain.  

The service personnel records have not been requested for incorporation into the record.  

The June 2011 death certificate indicates that the Veteran died due to pulmonary fibrosis and myelodysplasia.  The location of the Veteran's death was noted as the Hospice by the Sea.  The clinical documentation associated with the Veteran's final treatment/hospitalization has not been requested for incorporation into the record.  

The Department of Veterans Affairs (VA) should obtain all relevant service records and private treatment records which could potentially be helpful in resolving the Appellant's claim.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).   

The matter is REMANDED for the following action:

(Continued on the next page)

 

1. Request that the Appellant to complete a VA Form 21 4142 for each private healthcare provider, including the Hospice by the Sea, who treated the Veteran for pulmonary fibrosis, myelodysplasia, and his final illness.  Make two requests for any authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.  

2. Contact the National Personnel Records Center (NPRC) and/or the appropriate service entity and request all available service personnel records be forwarded for incorporation into the record.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. C. KING

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.