https://web.archive.org/web/20170503...s1/1508695.txt
Citation Nr: 1508695 Decision Date: 02/27/15 Archive Date: 03/11/15 DOCKET NO. 12-06 705 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania
THE ISSUES 1. Entitlement to service connection for
thyroid cancer. 2. Entitlement to service connection for an esophageal disability. 3. Entitlement to service connection for a lumbar spine disability. 4. Entitlement to an increased rating for a left shoulder disability. 5. Entitlement to a total disability rating based on individual unemployability.
REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The Veteran ATTORNEY FOR THE BOARD G. Slovick, Counsel INTRODUCTION The Veteran served on active duty from September 1975 to September 1979. These matters are before the Board of Veterans' Appeals (Board) on appeal of August 2010 and January 2012 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania, and an August 2013 rating decision of the Jackson, Mississippi RO. The Veteran testified before the undersigned Acting Veterans Law Judge by way of videoconference in June 2014. A transcript of the June 2014 hearing is of record. The record demonstrates, and the Veteran has testified, that he has a disorder of the esophagus that is pre-cancerous, including a diagnosis of Barrett's esophagus. As such, the issue has been recharacterized as shown on the title page. The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ). VA will notify the appellant if further action is required. REMAND
Radiation Claims
The Veteran contends that he was exposed to radiation during service in the Air Force as a security specialist while stationed at Malmstrom Air Force Base. See November 2011 Statement in Support of Claim.
He contends that his duties included the storage, transportation, inspection, and maintenance of nuclear warheads used on intercontinental ballistic missiles, without the use of radiation protective equipment. In cases involving exposure to ionizing radiation, VA has additional specific duties regarding the assistance due to claimants. Specifically, 38 C.F.R. з 3.311 states that in all claims in which it is established that a radiogenic disease first became manifest after service and was not manifest to a compensable degree within any applicable presumptive period of time, and it is contended that a disease is a result of exposure to ionizing radiation in service, an assessment will be made as to the size and nature of the radiation dose. 38 C.F.R. з 3.311(a)(1) (2014). VA's duty to assist includes requesting any available records concerning the Veteran's exposure to radiation and forwarding all such records to the Under Secretary for Health, who will be responsible for preparation of a dose estimate, to the extent feasible, based on available methodologies. 38 C.F.R. з 3.311(a)(2)(iii) (2014).
Thyroid cancer is a radiogenic disease. The Veteran's claims file includes a March 2013 request through the Personnel Information Exchange System (PIES) for his DD 1141 and records of exposure to radiation. A response to the request stated that no such information was of record. However, in an April 2013 memorandum, following a request by the RO for occupational radiation monitoring records, the Chief of Radiation Program Compliance with the Office of the Surgeon General for the Air Force Medical Support Agency stated that his office researched in the Air Force Master Radiation Registry (MRER) for the Veteran and found no external or internal exposure data for the Veteran. It was noted that the Veteran's stated duties were not considered to be those of an occupational radiation worker. The memorandum stated that the MRER is the single repository for occupational radiation exposure monitoring for all Air Force personnel. It was noted that the Air Force had periodically conducted radiation exposure evaluations on individuals involving nuclear weapons and that these studies consistently demonstrated that Air Force exposures were low and typically well below 100 millirem in a year with the exception of small groups of personnel that performed nuclear munitions maintenance operations on a routine basis which required physically close proximities to systems for prolonged periods of time. The Chief of Radiation Program Compliance stated that due to the low exposure potential for security force personnel, dosimetry monitoring would not have been completed for the Veteran and that there were no dose recommendations for the Veteran. This information was not provided to the Under Secretary for Health for a dose estimate. Hence, on remand, the Veteran's case must be referred to the Under Secretary for Health for a dose estimate pursuant to 38 C.F.R. з 3.311(a)(2)(iii), taking into account the Veteran's statements, the information from the Chief of Radiation Program Compliance, service treatment records, and any personnel records obtained in accordance with this remand. If, and only if, it is determined the Veteran may have been exposed to ionizing radiation, then the claim should then be referred for appropriate review by the Under Secretary for Benefits under 38 C.F.R. з 3.311(c). The Veteran contends that his esophageal disorder is etiologically related to his thyroid cancer. Therefore, these claims are inextricably intertwined, and resolution of the claim for esophageal disorder is dependent upon the adjudication of the Veteran's claim of service connection for thyroid cancer. Thus, is it also remanded...
