Citation Nr: 1305250	
Decision Date: 02/13/13    Archive Date: 02/21/13

DOCKET NO.  11-22 240	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Detroit, Michigan


THE ISSUES

1.  Entitlement to service connection for Non-Hodgkin's lymphoma to include as due to exposure to Agent Orange.  

2.  Entitlement to service connection for a respiratory disease to include as due to exposure to asbestos.  


REPRESENTATION

Veteran represented by:	Veterans of Foreign Wars of the United States


ATTORNEY FOR THE BOARD

M. Taylor, Counsel







INTRODUCTION


Pursuant to 38 C.F.R. § 20.900(c), the appeal has been advanced on the Board's docket.

The Veteran, who is the appellant, served on active duty from September 1955 to June 1975.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in November 2009 of a Department of Veterans Affairs (VA) Regional Office (RO). 

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC.  VA will notify the appellant if further action is required.


REMAND

On the claim of service connection for Non-Hodgkin's lymphoma, the Veteran asserts that Non-Hodgkin's lymphoma is the result of exposure to Agent Orange in Vietnam while serving aboard ship.  The record shows that the Veteran was assigned to a heavy reconnaissance attack squadron aboard the USS Independence from June 1965 to November 1965, when the ship was in the waters off the coast of Vietnam.   As the location of the ship is unclear, further development is needed. 

On the claim of service connection for asbestosis, in January 2012, the Veteran submitted additional evidence, but did not waive initial consideration of the evidence by the RO.  To ensure procedural due process further development is needed. 




Accordingly, the case is REMANDED for the following action:

1.  Make another request for the Veteran's complete personnel folder. 

2.  Ask the appropriate Federal custodian of naval records:

a).  Whether the USS Independence entered any harbor or port in Vietnam at any time from June 1965 to November 1965. 

b).  For the unit history and lessons learned of the heavy reconnaissance attack squadron (RVAH-1) while aboard the USS Independence from June 1965 to November 1965 and heavy reconnaissance attack squadron (RVAH-12) while aboard the USS America from May 19, 1970, to July 13, 1970. 

3.  After the development has been completed, adjudicate the claims, including consideration of the additional evidence submitted since the statement of the case in June 2011.  If any benefit is denied, furnish the Veteran and his representative a supplemental statement of the case and return the case to the Board.

The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).






The claims 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. 2012).



_________________________________________________
George E. Guido Jr.
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) (2012).