Citation Nr: 18143778 Decision Date: 10/22/18 Archive Date: 10/22/18 DOCKET NO. 14-38 225A DATE: October 22, 2018 REMANDED Entitlement to service connection for bronchial asthma, to include as a result of exposure to herbicides, is remanded. Entitlement to service connection for a full body rash, to include as a result of exposure to herbicides, is remanded. Entitlement to service connection for diabetes, to include as a result of exposure to herbicides, is remanded. Entitlement to service connection for peripheral neuropathy of the lower extremities, to include as a result of exposure to herbicides, is remanded. REASONS FOR REMAND The Veteran had active service from January 1970 to December 1973. In his substantive appeal, the Veteran requested a Travel Board hearing. In June 2016, the Veteran withdrew his request for a Travel Board hearing. The Board notes that the issue of entitlement to service connection for bilateral hearing loss was also previously on appeal. However, a September 2014 rating decision granted service connection for bilateral hearing loss and assigned a 0 percent rating, effective November 29, 2010. This is a full grant of benefits on appeal, and as the Veteran did not file a timely notice of disagreement, this issue is not properly before the Board. 1. Entitlement to service connection for bronchial asthma, claimed as due to Agent Orange is remanded. 2. Entitlement to service connection for a full body rash, to include as a result of exposure to herbicides is remanded. 3. Entitlement to service connection for diabetes, to include as a result of exposure to herbicides is remanded. 4. Entitlement to service connection for peripheral neuropathy of the lower extremities, to include as due to herbicide exposure is remanded. The Veteran asserts that he was exposed to Agent Orange as a cargo handler at McGuire Air Force Base. In a March 2011 written statement, he indicated that he unloaded and cleaned transport aircraft bringing materials back to the U.S. from Vietnam, including freight, boxes, and pallets. The Veteran stated that he was exposed to dioxin residue while unloading the planes. Effective June 19, 2015, VA amended its regulation governing individuals presumed to have been exposed to certain herbicides by expanding the regulation to include an additional group consisting of individuals who performed service in the Air Force or Air Force Reserve under circumstances in which they had regular and repeated contact with C-123 aircraft known to have been used to spray an herbicide agent during the Vietnam era. Specifically, the new regulation states that an individual who performed service in the Air Force or Air Force Reserve under circumstances in which the individual concerned regularly and repeatedly operated, maintained, or served onboard C-123 aircraft known to have been used to spray an herbicide agent during the Vietnam era shall be presumed to have been exposed during such service to an herbicide agent. For purposes of this section, "regularly and repeatedly operated, maintained or served onboard C-123 aircraft" means that the individual was assigned to an Air Force or Air Force Reserve squadron when the squadron was permanently assigned one of the affected aircraft and the individual had an Air Force Specialty Code indicating duties as a flight, ground maintenance, or medical crew member of such aircraft. 38 C.F.R. § 3.307 (a)(6)(v). In this case, the Veteran’s DD-214 notes that his military occupational specialty was that of an air cargo specialist. A remand is warranted to determine whether the Veteran meets the criteria for the presumption of Agent Orange exposure based on contact with C-123 aircraft. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete personnel file. 2. Contact the JSRRC to determine whether at any time during his active service, the Veteran worked on or serviced C-123 aircraft that were known to have sprayed herbicide agents during Vietnam service. It should be noted that the Veteran served on active duty from January 1970 to December 1973 and was an air cargo specialist at McGuire Air Force Base from May 1970. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Catherine Cykowski