Citation Nr: 18146675 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 15-04 093 DATE: October 31, 2018 REMANDED Entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran had active duty service from December 1959 to August 1989. The Veteran died on December [redacted], 2003. The appellant is his surviving spouse. Entitlement to service connection for the cause of the Veteran’s death is remanded. The appellant contends that the Veteran’s cause of death is due to his exposure to herbicides while stationed at Udorn Royal Thailand Air Force Base (RTAFB) in Thailand. Specifically, she alleges that the Veteran’s exposure was a result of his duties as an administrative specialist, which would have placed him on or near the perimeter of Udorn RTAFB. The Veteran’s service personnel records confirm that he served at Udorn RTAFB in Thailand from October 21, 1968 to October 6, 1969, where he worked as an administrative specialist during this period. As noted above, the Veteran died on December [redacted], 2003. The Veteran’s death certificate lists the primary cause of death as acute/chronic renal failure due to Bence-Jones nephrotoxicity due to multiple myeloma. A service-connected disability will be considered as the principal, or primary, cause of death when that disability, singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto. 38 C.F.R. § 3.312(b) (2017). Multiple myeloma is among the diseases associated with exposure to certain herbicide agents used in support of military operations in the Republic of Vietnam (Vietnam) during the Vietnam War will be considered to have been incurred in service. 38 U.S.C. § 1116(a)(1) (2012). The presumption requires exposure to an herbicide agent and manifestation of the disease to a degree of 10 percent or more within the time period specified for each disease. 38 C.F.R. § 3.307(a)(6)(ii) (2017). While it does not appear that the Veteran has verified “boots on the ground” service in Vietnam, VA now recognizes that tactical or tactical-like herbicides were used on the fenced-in perimeters of military bases in Thailand. See Veterans Benefits Administration (VBA) C&P Service Bulletin (May 2010). Thus, VA has determined that exposure to herbicides will be conceded for veterans whose duties placed them at or near the perimeters of certain Thailand military bases, including Udorn, during the Vietnam era (February 28, 1961, to May 7, 1975), allowing for presumptive service connection of the diseases associated with herbicide exposure. See VA Adjudication Procedures Manual (Manual) IV.ii.1 sec.H.5.a. VA based this determination of evidence contained in a declassified Vietnam era Department of Defense document titled “Project CHECO Southeast Asia Report: Base Defense in Thailand.” Specifically, the Manual provides that if a veteran served with the U.S. Air Force at a specified RTAFB as an Air Force security policeman, security patrol dog handler, member of the security police squadron, or otherwise near the air base perimeter as shown by evidence of daily work duties, performance evaluation reports, or other credible evidence, herbicide exposure is to be conceded on a direct/fact-founds basis. See Manual, IV.ii.1.H.5.b. Pertinent provisions of the VA Manual also set forth procedures that VA must follow to verify reported herbicide exposure in Thailand. See Manual, IV.ii.1.H.5.a. Specifically, the Manual provides that several items of development should be performed, to include requesting a formal finding of verification of herbicide exposure from the United States Joint Services Records Research Center (JSRRC). The Board observes that the National Personnel Records Center was unable to determine whether or not the Veteran served in the Republic of Vietnam. Several performance reports were included from his time at Udorn RTAFB, but it is unclear as to whether he spent time near the air base perimeter. These reports suggest that he performed many of his duties in or around the “maintenance complex” of the base. Based on the above, it does not appear that all attempts to obtain information from the JSRRC to verify possible herbicide exposure have been extinguished. As noted above, the appellant contends that the nature of the Veteran’s job placed him at the perimeter of the base. Accordingly, further development to verify possible herbicide exposure in Thailand is necessary. This could include (but not be limited to) obtaining labeled aerial maps of Udorn RTAFB and/or an expert medical opinion to determine whether or not the Veteran’s causes of death was related to, began in, or caused by his military service. The matter is REMANDED for the following action: 1. Attempt to verify the claimed exposure to herbicides (to include Agent Orange) through JSRRC, per current Manual provisions. Specifically, send a request to JSRRC for verification as to whether the Veteran was potentially exposed to an herbicide agent during his period of service while stationed at Udorn Air Force Base in Thailand from October 21, 1968 to October 6, 1969 based on the nature of his job. Any response from JSRRC should be associated with the record. 2. Arrange for any further development indicated by the development ordered above. This could include (but not be limited to) obtaining labeled aerial maps of Udorn RTAFB and/or an expert medical opinion to determine whether or not the Veteran’s causes of death were related to, began in, or caused by his military service. Specifically, a determination should be made as to the location of the “maintenance complex” and its proximity to the perimeter of the base. 3. After the development requested has been completed, the Agency of Original Jurisdiction (AOJ) should review   any report to ensure that it is in complete compliance with the directives of this remand. If the report is deficient in any manner, the AOJ must implement corrective procedures at once. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Miller, Associate Counsel