Citation Nr: 18150896 Decision Date: 11/16/18 Archive Date: 11/15/18 DOCKET NO. 16-16 341 DATE: November 16, 2018 REMANDED Entitlement to service connection for diabetes mellitus, type II (DMII), claimed as due to herbicide agent exposure is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1974 to September 1975. Entitlement to service connection for diabetes mellitus, type II (DMII), claimed as due to herbicide agent exposure is remanded. The Veteran contends that he was diagnosed with DMII as a result of Agent Orange and herbicide agent exposures in Subic Bay, Philippines and the Republic of Vietnam. A July 2017 VA examination indicated that he was diagnosed with DMII in 2008. As DMII is a presumptive disability for exposure to herbicide agents under 38 C.F.R. § 3.309(e) (2017), the remaining inquiry is whether the Veteran was exposed to herbicide agents during active duty service. A Veteran who served in the Republic of Vietnam during the Vietnam Era, January 9, 1962 to May 7, 1975, is presumed to have been exposed to Agent Orange or other herbicide agents, unless there is affirmative evidence to establish that the Veteran was not exposed to any such agent during that service. See 38 U.S.C. § 1116(f) (West 2012). Military personnel records confirm that the Veteran served during the presumptive period; however, the evidence of record does not show that he served in Vietnam. His DD-214 indicated that his military occupational specialty was that of a “SupAdminMan/Procurement Clerk.” The Veteran asserts, however, that he was exposed to herbicide agents when he was dropped off in Vietnam by helicopter to assist in cutting through the jungle (See March 2012 DRO Hearing Transcript), and exposed when he was stationed at Subic Bay in the Philippines. He indicated that during his time in the Philippines, he was assigned to guard the magazine, surrounding jungle, docks, pier, and the Mag proper, and that the New Zealand government manufactured and shipped Agent Orange to the U.S. base in Subic Bay. See October 2014 Hearing Transcript and September 2018 correspondence supporting this claim. To support his claim, the Veteran submitted newspaper articles indicating that Agent Orange was stored at the pier and sent to the munitions magazines, and the barrels were exposed to humid weather, which caused corrosion and leakage. The Veteran also submitted past Board decisions for two other veterans who were determined to be exposed to Agent Orange in Subic Bay. The Board notes that these decisions are not precedent; however, those decisions do indicate that additional development is needed before the Veteran’s claim can be decided. The M21-1MR states that, when developing claims based on herbicide agent exposure in “other locations,” an email can be sent with the dates, location, and circumstances of claimed herbicide agent exposure to the Compensation Service email, and a request can be made for a review of DoD’s inventory of herbicide agent operations to determine whether herbicides agents were used as claimed. M21-1MR, IV.ii.1.H.7.a., Verifying Herbicide Agent Exposure on a Factual Basis in Other Locations. On remand, information must be sought from the Veterans Benefits Administration (VBA) Compensation Service Office, the National Archives and Records Administration (NARA), and the Joint Services Records Research Center (JSRRC), to verify whether there is any record of herbicide agent use, to include Agent Orange, in Marine Barracks, U.S. Naval Base Subic Bay, Philippines, while the Veteran was stationed there as a guard, from approximately January to July 1975. The AOJ must attempt to confirm the Veteran’s allegations that as a guard, he was exposed to Agent Orange that was shipped to the base at Subic Bay, in the Philippines. The matter is REMANDED for the following action: 1. Contact the VBA Compensation Service Office, NARA, JSRRC or any other department necessary, and request that they verify whether the Veteran was exposed to herbicide agents at any time, from January to August 1975, while he was assigned to the U.S. Naval Base Marine Barracks at Subic Bay, Philippines, to include as due to guarding Agent Orange that was shipped there. Request that a review be conducted of the DoD’s inventory of herbicide agents to determine the likelihood that herbicide agents, to include Agent Orange, were shipped to the U.S. Naval Base in Subic Bay, Philippines. If needed, separate responses should be provided for each 60-day period from January to August 1975. A copy of the requests and the responses should be included in the claims file. (Continued on the next page)   2. Readjudicate the appeal. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD I. Warren, Associate Counsel