Citation Nr: 0002896 Decision Date: 02/04/00 Archive Date: 02/10/00 DOCKET NO. 97-29 410A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to service connection for lymphoma as a result of exposure to ionizing radiation. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Milo H. Hawley, Counsel INTRODUCTION The veteran had active service from December 1953 until December 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 1996 decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania. REMAND The record reflects that the veteran has been diagnosed with lymphoma, a form of cancer. Lymphoma is a radiogenic disease. 38 C.F.R. § 3.311(b)(2) (1999). The veteran asserts that during his active service he participated in flights that acquired samples of air contaminated with fallout from foreign nuclear testing. The veteran has submitted unit histories regarding the unit he was assigned to, during which he reports this testing occurred, as well as pilot individual flight records. He has indicated that two of the missions, during which air sampling occurred, were known as Crew Cut and Toe Dancer. Two records relating to the veteran's radiation exposure have also been associated with the claims file. One refers to exposure during 1968 and the other refers to exposure from 1963 through 1975. The RO supplied this information, in addition to a response from the Defense Nuclear Agency, to the VA Compensation and Pension Service in order to obtain a dose estimate. The Compensation and Pension Service, by letter dated October 1996, requested further development from the Defense Nuclear Agency as well as from the United States Air Force Technical Applications Center (AFTAC) regarding foreign atmospheric tests. Additional information was obtained from the Defense Nuclear Agency. Specifically their September 1996 response to the veteran was forwarded. This response indicates that additional inquiry should be made to two separate Air Force addresses regarding any potential exposure of the veteran to radiation. Multiple attempts have been made to contact AFTAC without response. The record does not indicate that the letters directed to AFTAC were returned, but neither is there any evidence that AFTAC has received the letters. During the veteran's personal hearing his representative requested that the veteran's personnel records be obtained and it was also indicated that any future correspondence to AFTAC should note that the part of AFTAC that was affiliated with the veteran's unit was called the Western Facilities Office. In light of the above, the appeal is REMANDED to the RO for the following: 1. The RO should obtain the veteran's service personnel records and associate them with his claims file. 2. The RO should contact the two addresses provided on the September 12, 1996, Defense Special Weapons Agency letter to the veteran, specifically Headquarters, Air Force Medical Operations Agency, and Department of the Air Force, Armstrong Laboratory, and provide these entities with copies of all relevant records relating to the veteran's pertinent service, including but not limited to his service personnel records, the unit histories relating to the units the veteran was assigned to in the early 1960's, the pilot individual flight records, as well as the radiation exposure records relating to exposure from 1963 to 1972 and in 1968. It should be noted that the veteran specifically recalls participating in sampling missions called "Crew Cut" and "Toe Dancer." Verification with respect to any radiation exposure experienced by the veteran should be requested. If verification, either positive or negative, is not possible, a response indicating this should be requested. 3. The RO should contact the Office of the Secretary of the Air Force and provide copies of all letters previously directed to AFTAC. The Office of the Secretary of the Air Force should be informed of the information being requested relating to any exposure the veteran may have experienced to radiation during his active service and informed that the part of AFTAC that was affiliated with the veteran's unit during his service was called the "Western Facilities Office." Information provided in the above request should also be provided to the Office of the Secretary of the Air Force. The Office of the Secretary of the Air Force should be requested to provide assistance in directing VA's request to AFTAC at an appropriate address. Verification with respect to any radiation exposure experienced by the veteran should be requested. If verification, either positive or negative, is not possible, a response indicating this should be requested. 4. Then, the RO should undertake any other development required under 38 C.F.R. § 3.311, including directing a request to the VA Compensation and Pension Service, providing the information previously supplied as well as any additional information obtained regarding any exposure of the veteran to radiation. 5. Then, the RO should readjudicate the claim for service connection for lymphoma as a result of exposure to ionizing radiation. 6. If the benefit sought on appeal is not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case to the veteran and his representative and provide the appropriate opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is otherwise notified. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). U. R. POWELL Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1999).