Citation Nr: 1033986 Decision Date: 09/10/10 Archive Date: 09/21/10 DOCKET NO. 08-34 963 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for multiple sclerosis as a result of exposure to herbicides. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD H. Yoo, Associate Counsel INTRODUCTION The Veteran served on active duty from August 1968 to August 1972. This matter come before the Board of Veterans' Appeals (Board) on appeal of January 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND Unfortunately, a remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. In October 2007, the Veteran submitted a claim for service connection for multiple sclerosis as a result of exposure to Agent Orange while stationed in Vietnam from 1970 to 1971. In addition, the Veteran stated that he also believes his multiple sclerosis is related to drinking contaminated water while stationed in Camp Lejeune, North Carolina. The Veteran's in-service personnel records indicate he was stationed in Camp Lejeune from October 1968 to January 1969 and from July 1971 to August 1972. He was also stationed in Vietnam from June 1970 to May 1971. See in-service personnel records. The Veteran stated in January 2008 that while stationed at Camp Lejeune, his wife gave birth to their son who died at birth. Prior to losing their son, his wife suffered a miscarriage. In 1973, his wife gave birth to a son who was born "with a hole in his heart" but did survive. In 1975 another son died at six months old. He stated there was no explanation to the causes of these problems until 1999 or 2000 when he was notified by a "woman in Washington, DC" that in 1971 and 1972 the water at "Camp Lejeune in the off post housing called Taraw Terrace" was contaminated and that the government was conducting a survey on the health effects of the children born during this time. The woman stated that the contamination came from a motor pool or a dry cleaning facility. Afterwards, the Veteran was never notified of the survey results and was not contacted again regarding this issue. Id. The Veteran contends there is evidence that the contamination of water at Camp Lejeune contributed to his current diagnosis of multiple sclerosis as he is the only member of his family who has this condition. Furthermore, the Veteran has submitted a December 2005 testimony of a wife of a disabled Vietnam Veteran before the House Committee on Veterans Affairs stating that deaths from nervous systems diseases such as multiple sclerosis was related to occupational exposure to organic solvents. The Veteran has also submitted internet articles and a report from the National Academy of Sciences on the Environmental Protection Agency's assessment that tetrachloroethylene, a chemical used for dry cleaning, metal degreasing, and other applications, is an environmental contaminant which is toxic to the nervous system. The Board notes that a July 2003 letter from the Department of Health and Human Services and an undated letter from the Department of the Navy, were sent to the Veteran thanking him for taking part in the Camp Lejeune Survey. In the case of a disability compensation claim, VA's duty to assist includes providing a medical examination or obtaining a medical opinion when necessary to make a decision on the claim. 38 U.S.C.A. § 5103A(d) (West 2002); 38 C.F.R. § 3.159(c)(4) (2009). Such an examination or opinion is necessary to make a decision on a claim if all of the lay and medical evidence of record (1) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and (2) indicates that the disability or symptoms may be associated with the claimant's active military, naval, or air service; but (3) does not contain sufficient medical evidence for VA to make a decision on the claim. Id. A VA examination has not been provided for this claim and, in this case, based on the evidence of possible exposure to contaminated water during service and the Veteran's statements the Board finds that an examination and opinion are needed. Given the evidence of record, the AMC should attempt to obtain additional evidence regarding the correlation between the contamination of water at Camp Lejeune in the early 1970s and multiple sclerosis. Furthermore, the Veteran should be given an opportunity to submit any additional evidence he has in his possession to support his claim. Accordingly, the case is REMANDED for the following action: 1. The AMC must afford the Veteran and his representative an additional opportunity to submit any information that is not evidenced by the current record. 2. The AMC should contact the appropriate agency(ies) for further information on water contamination at Camp Lejeune and whether any toxic chemicals present at Camp Lejeune have been linked to multiple sclerosis. 3. Once the above instructions have been completed and all outstanding evidence has been associated with the claims file, schedule the Veteran for a VA examination with an examiner with the appropriate expertise to obtain an opinion on the etiology of his multiple sclerosis. The claims file should be made available for review, and the examination report should reflect that such review occurred. Upon a review of the record and examination of the Veteran, the examiner should respond to the following: Is it at least as likely as not that the Veteran's multiple sclerosis is etiologically related to his service, to include drinking contaminated water while in service and/or exposure to Agent Orange in Vietnam. All testing deemed necessary by the examiner should be performed and the results reported in detail. The claims folder and a complete copy of this remand must be available for review by the examiner in conjunction with the examination and this fact should be acknowledged in the report. The examiner is also asked to review all medical articles submitted by the Veteran. A rationale for any opinion advanced should be provided. The examiner should also state what sources were consulted in forming the opinion. 4. Thereafter, the AMC should readjudicate the Veteran's claim. If the benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). The SSOC must contain notice of all relevant actions taken on the claim for benefits, to include a summary of the evidence and applicable law and regulations considered pertinent to the issue currently on appeal. An appropriate period of time should be allowed for response. The Veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009). _________________________________________________ J. A. MARKEY Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2009).