Citation Nr: 18148958 Decision Date: 11/09/18 Archive Date: 11/08/18 DOCKET NO. 15-06 325 DATE: November 9, 2018 REMANDED Entitlement to service connection for Parkinson’s disease (claimed as parkinsonism dementia), to include as due to herbicide exposure, is remanded. Entitlement to service connection for ischemic heart disease, to include as due to herbicide exposure, is remanded. Entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1966 to December 1969. He died in May 2013, and the appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from January 2014 and March 2015 rating decisions. In March 2015, the RO recognized the appellant as a valid substitute claimant for the appeals pending at the time of the Veteran’s death. The appellant testified at a hearing before the undersigned Veterans Law Judge in July 2018. A transcript of that proceeding is associated with the record. During the July 2018 hearing, the appellant’s representative indicated that she wished to pursue appeals with regard to the issues of entitlement to service connection for ischemic heart disease and Parkinson’s dementia on the basis of substitution. In a February 2015 substantive appeal, the appellant perfected an appeal as to the issue of entitlement to service connection for ischemic heart disease, but she did not appeal the issue of entitlement to service connection for Parkinson’s dementia. Nevertheless, in a May 2015 report of general information, the RO advised the appellant that these claims remained on appeal. In addition, the RO certified the issues to the Board, and the appellant presented testimony regarding these issues in connection with her claim for service connection for the cause of the Veteran’s death during the July 2018 Board hearing. Therefore, the Board will accept jurisdiction over these matters. See Percy v. Shinseki, 23 Vet. App. 37, 46 (2009). The Board acknowledges that the Agency of Original Jurisdiction (AOJ) previously considered and denied a claim for service connection for coronary artery disease in an August 2010 rating decision. However, in the September 2010 notice letter sent with the rating decision, the AOJ stated that it was holding the Veteran’s claim for service connection for ischemic heart disease until the disease was added to VA regulations governing diseases presumptively associated with herbicide exposure. The AOJ also specifically advised the Veteran that it would make a determination on his claim and provide him notice of the decision after that legal process was completed. However, the Veteran’s appeal remained pending until the issue was addressed in the January 2014 rating decision. Therefore, given the specific procedural background in this case, the Board will reconsider the claim on a de novo basis. The Veteran’s death certificate listed the immediate causes of death as acute respiratory failure and complications of Lewy body dementia. The underlying cause of death was identified as compromised oropharyngeal swallowing. The appellant has contended that the Veteran’s ischemic heart disease contributed to his death by causing respiratory failure. The appellant has also contended that the Veteran developed ischemic heart disease and dementia as a result of herbicide exposure while stationed at the U-Tapao Royal Thai Air Force Base. In addition, prior to his death, the Veteran reported that he was exposed to herbicide agents while on a flight that landed in the Republic of Vietnam. The available service personnel records reflect that the Veteran served as a mechanical equipment and environmental systems repairman at the U-Tapao Royal Thai Air Force Base (RTAFB) in 1968 and 1969. In January 2015, the Veteran reported that his duties required him to work near the perimeter of the base on a daily basis. The appellant also submitted maps of the U-Tapao RTAFB that appear to suggest that the Veteran may have served in areas that were near the perimeter of the base. VA has determined that special consideration of herbicide exposure on a factual basis should be extended to veterans whose duties placed them on or near the perimeters of certain Thailand military bases. However, it appears that the RO has not undertaken the necessary development to verify the Veteran’s claimed exposure to herbicides in Thailand, to include sending a request to the Joint Services Records Research Center (JSRRC) for verification. The Board also notes that the Veteran’s complete service personnel records are not associated with the claims file. On remand, the AOJ should request a complete copy of the Veteran’s military personnel records. Thereafter, the AOJ should conduct any other necessary development to verify the Veteran’s claimed herbicide exposure in the Republic of Vietnam and at the U-Tapao RTAFB. Lastly, the record shows that the Veteran received disability benefits from the Social Security Administration (SSA). Therefore, on remand, the AOJ should attempt to obtain any available records from SSA. The matters are REMANDED for the following action: 1. The AOJ should request that the appellant provide the names and addresses of any and all health care providers who treated the Veteran prior to his death that are not already of record. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. The AOJ should also obtain any outstanding VA medical records. 2. The AOJ should obtain a copy of any decision to grant or deny SSA benefits to the Veteran and the records upon which that decision was based and associate them with the claims file. If the search for such records has negative results, the claims file should be properly documented as to the unavailability of those records. 3. The AOJ should obtain a complete copy of the Veteran’s complete service personnel records. 4. After completing the foregoing, the AOJ should review the claims file and take any appropriate steps to attempt to verify the Veteran’s claimed herbicide exposure while serving at the U-Tapao RTAFB and during a flight that stopped in the Republic of Vietnam. The AOJ should submit a request to the JSRRC for verification of the Veteran’s exposure to herbicide agents in Thailand. The Veteran has contended that his duties required him to work on the flight line near the perimeter of the U-Tapao RTAFB. The appellant has also alleged that the Veteran was exposed to herbicide agents in his living quarters and other recreational areas. The available service personnel records show that the Veteran served with the 4258th Field Maintenance Squadron as a mechanical equipment and environmental systems repairman at the U-Tapao Royal Thai Air Force Base in 1968 and 1969. An October 1969 performance evaluation noted that the Veteran’s duties included maintenance of B-52 and KC-135 aircrafts. It was also noted that the Veteran was instrumental in the success of the base Environmental Systems Shop. All attempts and responses should be documented in the claims file. 5. After completing the above actions, the AOJ should conduct any other development as may be indicated as a consequence of the actions taken in the preceding paragraphs. Further development may include obtaining a VA medical opinion for the claim for service connection for Parkinson’s disease (parkinsonism dementia). J.W. ZISSIMOS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Wulff, Associate Counsel