Citation Nr: 18141004 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 16-29 362 DATE: October 9, 2018 REMANDED The issue of entitlement to service connection for prostate cancer is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1970 to January 1972. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Saint Louis, Missouri, which denied entitlement to service connection for prostate cancer. The Veteran timely perfected an appeal. See January 2014 Notice of Disagreement; May 2016 Statement of the Case; June 2016 VA Form 9. Entitlement to Service Connection for Prostate Cancer The Veteran contends that he was exposed to herbicides, to include Agent Orange, during service in Korea. VA regulations provide that certain diseases associated with exposure to herbicide agents, including prostate cancer, may be presumed to have been incurred in service even if there is no evidence of the disease in service, provided the requirements of 38 C.F.R. § 3.307 (a)(6) are met. See 38 C.F.R. § 3.309 (e) (2016). A veteran who, during active military, naval, or air service, served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense (DoD), operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that a veteran was not exposed to any such agent during that service. 38 C.F.R. § 3.307 (a)(6)(iv). The units or other military entities that the DoD has identified as operating in or near the Korean DMZ during the qualifying time period are listed in a table. In the present case, the Veteran’s service personnel records show that he served in Korea from December 1970 to January 1972. From December 1970 to June 1971, the Veteran was assigned to the 7th Battalion, 5th Artillery, and, from June 1971 to September 1971, he was assigned to the 2nd Battalion, 71st Artillery. These units are not among those listed by the DOD as definitely stationed along the DMZ in or near an area in which herbicides are known to have been applied during that period. However, the Veteran reported that while he was assigned to these units, he was responsible for driving personnel and supplies to various sites in the northern part of South Korea, including locations at the DMZ. See December 2015 Statement in Support of Claim. When a Veteran claims exposure in Korea, and his or her service was either not between April 1, 1968, and August 31, 1971, or not in a unit or entity listed in the table, VA is to send a request to the U.S. Army and Joint Service Records Research Center (JSRRC) for verification of exposure to herbicides. Prior to sending a request to JSRRC, the AOJ is required to request and review all available military records. Additionally, if the claim and available records do not provide sufficient details of the Veteran’s Korean DMZ service, the AOJ is required to send a subsequent development letter to the Veteran and allow 30 days for a response. Initially, the Board notes that there has been no attempt to obtain the Veteran’s complete personnel records. Additionally, although the AOJ sent the Veteran a letter on November 13, 2015, requesting additional details regarding his alleged service on the DMZ, it did not give the Veteran 30 days to respond before sending a November 18, 2015 request to JSRRC. On December 4, 2015, the Veteran submitted a lengthy statement detailing the dates and locations that he alleges he was near the Korean DMZ. There is no indication this information was relayed to JSRRC. On remand, the AOJ must obtain the Veteran’s complete personnel records and attempt to verify his service near the DMZ. The matter is REMANDED for the following action: 1. Contact the National Personnel Records Center (NPRC), or any other appropriate service department organization, to obtain the Veteran’s entire Official Military Personnel File (OMPF), including all records of his assignments, whether permanent or temporary duty stations; all travel orders; pay stubs that reflect special pay status, travel vouchers, and all TDY orders from December 1970 to September 1971 to attempt to verify the Veteran’s contentions of driving personnel and supplies to locations along the DMZ. 2. Thereafter, request that the U.S. Army and Joint Services Records Research Center (JSRRC), or other official source, investigate and attempt to verify the Veteran’s alleged exposure to herbicides during his service in Korea (breaking the requests into multiple periods as required by JSRRC policy). The Veteran’s assertions as set forth in his December 2015 statement should be fully outlined and considered. If more detailed information is needed for this research, the Veteran should be given an opportunity to provide it. 3. Following the completion of the foregoing, and any other development deemed necessary, the AOJ should readjudicate the Veteran’s claim. If the claim is denied, supply the Veteran and his representative with a supplemental statement of the case and allow an appropriate period of time for response. Thereafter, the claims folder should be returned to the Board for further appellate review, if otherwise in order. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Kipper, Associate Counsel