Citation Nr: 25004897
Decision Date: 04/10/25	Archive Date: 04/10/25

DOCKET NO. 15-28 476
DATE: April 10, 2025

REMANDED

Entitlement to service connection for cause of death, to include due to ionizing radiation and toxic exposure, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1954 to November 1957. He passed away in December 2011, and the Appellant is his surviving spouse. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in December 2013 by a Department of Veterans Affairs (VA) Regional Office. This matter was most recently before the Board in April 2022 when it was remanded for further development. The Board regrets the unfortunate further delay associated with the instant remand. However, remand is warranted to ensure compliance with the Board's April 2022 remand instructions and to properly address the Appellant's contentions. 

Entitlement to service connection for cause of death.

The Appellant contends entitlement to service connection for the Veteran's cause of death as due to his exposure to ionizing radiation and toxic exposure to chemical weapons testing. 

As an initial matter the Board notes that there has been substantial compliance with its April 2022 remand instructions regarding radiation exposure and non-VA medical records. However, the Board also directed further development of the Appellant's contention that the Veteran was exposed to chemical weapons testing during his service, a toxic exposure. The record is devoid of any such development, and the February 2025 Supplemental Statement of the Case issued by the agency of original jurisdiction did not adjudicate this theory of entitlement. 

As a matter of law, a remand by the Board confers the right to compliance with the Board's remand order. Stegall v. West, 11 Vet. App. 268, 270-71 (1998). As such, in accordance with Stegall, remand for full compliance with the Board's prior remand is warranted.

The matter is REMANDED for the following action:

Develop and adjudicate the Appellant's claim to entitlement to service connection for cause of the Veteran's death due to toxic exposure to chemical weapons testing. 

 

 

Nathaniel Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sasha Larie Boersma

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.