Citation Nr: 18146096 Decision Date: 10/30/18 Archive Date: 10/30/18 DOCKET NO. 16-27 366 DATE: October 30, 2018 REMANDED Entitlement to service connection for diabetes mellitus is remanded. Entitlement to service connection for prostate cancer residuals is remanded. Entitlement to service connection for hypertension, to include as secondary to diabetes mellitus, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1967 to January 1969 in the United States Army. These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In characterizing the diabetes claim, the Board considered the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Boggs v. Peake, 520 F. 3d 1330 (Fed. Cir. 2008), which provides that a claim premised on a diagnosis not considered in prior decisions is treated as a new claim without the need for new and material evidence. The RO denied a claim for service connection for diabetes in a November 2005 final rating decision, based on the absence of a current diagnosis. Since then, diabetes was diagnosed, for example, on VA examination in July 2012. As this diagnosis was not of record when the claim was previously denied, the Board finds that the present claim must be considered without regard to whether new and material evidence has been received. Regardless, since the evidence would be new and material, the same result is reached. The appeal must be remanded for several reasons. The Veteran states he served in the Army Reserve and the National Guard through approximately 1974. He asked VA to obtain the personnel and service treatment records from these periods of service to support the claims on appeal. A close review of the current service treatment records (STRs) and personnel records on file shows they are limited to his service from 1967 to 1969; all outstanding service records must be obtained. VA examinations are also needed prior to appellate adjudication. A July 2012 VA examination documents current diabetes mellitus and residuals of prostate cancer. An October 2012 VA examination shows current hypertension. As for the prostate disability, STRs show genitourinary problems on numerous occasions, including in December 1967, February 1968, September 1968, and December 1968. As for diabetes, the STRs show that on two different occasions in June 1967, the Veteran’s blood glucose levels were checked, as were his blood sugar levels. The Board is unable to interpret the meaning of his glucose reading. The July 2012 VA examiner did not address the etiology of prostate cancer or diabetes mellitus. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (when VA undertakes to provide a VA examination, it must ensure that the examination is adequate). As the Veteran seeks service connection for hypertension including as secondary to diabetes, an opinion addressing secondary service connection should also be obtained. The October 2012 examiner did not address this theory. Finally, the Veteran reports he was exposed to herbicide agents at Fort Chaffee, Arkansas during his Reserve and Guard service. The RO’s development of this matter includes an April 2016 memorandum from Compensation Service, indicating that according to the Department of Defense, herbicide agent testing occurred on 3 acres of remote forest at Fort Chaffee, Arkansas between July and October 1967. The Veteran asserts that while this testing took place just prior to his Reserve and National Guard service there, he was still exposed to the herbicide agent residuals. VA procedural guidelines contain specific provisions for these types of allegations. With the development and information obtained thus far, the Board’s review of those guidelines indicates that the Joint Services Records Research Center (JSRRC) is be contacted at this point for verification of herbicide agent exposure. The Veteran has requested such development, and the Board finds that an attempt to verify his allegations is beneficial to him; for these reasons, the guidelines will be followed. See Overton v. Wilkie, ___ Vet. App. ___, No. 17-0125 (September 19, 2018). The matters are REMANDED for the following action: 1. Contact the National Personnel Record Center and/or the appropriate service entity to identify the exact dates of the Veteran’s National Guard and Reserve service, including the exact dates for all periods of active duty, active duty for training, and inactive duty for training. Forward any and all service treatment and personnel records from these periods of service. 2. Attempt to verify with the U.S. Army Joint Services Records Research Center (JSRRC) whether the Veteran was exposed to herbicide agents at Fort Chaffee, Arkansas during any period of service, including his National Guard or Reserve service. 3. Schedule the Veteran for an examination to address the nature and etiology of his diabetes mellitus, prostate cancer, and hypertension. (A.) The examiner must opine on whether the diabetes mellitus, prostate cancer, or hypertension are at least as likely as not related to an in-service injury, event, or disease. As for diabetes and the prostate disability, the examiner must consider: • STRs showing genitourinary problems in December 1967, February 1968, September 1968, and December 1968 • June 1967 blood glucose and blood sugar testing (B.) IF the answer to (A) is yes for diabetes, the examiner must further opine on whether hypertension is at least as likely as not (i.) proximately due to diabetes mellitus or (ii.) aggravated beyond its natural progression by diabetes mellitus. Matthew Tenner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Smith, Counsel