Citation Nr: 22016586
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 20-20 087
DATE: March 22, 2022

REMANDED

Entitlement to service connection for the cause of the Veteran's death is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the U.S. Air Force from November 1985 to February 2008. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office. The Veteran died in February 2018, and the appellant is his spouse. The appellant testified at a Board hearing before the undersigned Veterans Law Judge in October 2021.

1. Entitlement to service connection for the cause of the Veteran's death is remanded.

This issue is remanded to attempt to obtain a dose estimate that considers the Veteran's entire period of service. The Veteran died in February 2018 and the death certificate lists the cause of death as myeloproliferative neoplasm, a type of cancer. The appellant asserts that the Veteran's cancer was caused by his exposure to ionizing radiation as part of his duties as a dental superintendent throughout his period of service. She explained that he was regularly exposed to x-ray radiation, and that he did not always have time to put on his protective equipment before going out on a call. 

VA obtained a dose estimate in February 2020 pursuant to the development requirements for radiation claims listed at 38 C.F.R. § 3.311, and that estimate was 0. In support of that finding, the memorandum referred to one personnel record entitled "Cumulative Occupational Exposure History to Ionizing Radiation," but that form only considered the time-period from January 1992 through March 1993. Because the dose assessment does not appear to consider the Veteran's entire period of service, remand is required to attempt to secure a more thorough assessment.

The matters are REMANDED for the following action:

1. Obtain an updated dose assessment from the appropriate entity that considers the Veteran's entire period of service as a dental assistant/superintendent from November 1985 to February 2008, not just the period from January 1992 through March 1993 covered by the Cumulative Occupational Exposure History to Ionizing Radiation cited in the February 2020 dose assessment.

 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Smith, 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.