Citation Nr: 18158060 Decision Date: 12/18/18 Archive Date: 12/14/18 DOCKET NO. 15-18 872A DATE: December 18, 2018 REMANDED Entitlement to service connection for diabetes mellitus, type II, to include as due to exposure to Agent Orange, is remanded. Entitlement to service connection for peripheral neuropathy of the left lower extremity, to include as due to exposure to Agent Orange or to include as secondary to diabetes mellitus, type II, is remanded. Entitlement to service connection for peripheral neuropathy of the right lower extremity, to include as due to exposure to Agent Orange or to include as secondary to diabetes mellitus, type II, is remanded. Entitlement to service connection for primary thrombocythemia, arthritis, thrombocytosis (leukemia) with bone marrow infection and erysipelas (blood disorder), to include as due to exposure to Agent Orange is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from April 1967 to November 1969, to include service in Korea from September 1968 to November 1969. On the Veteran’s VA Form 9, he requested a videoconference hearing. The hearing was scheduled for November 2018; however, prior to the hearing date, the Veteran’s attorney requested that the hearing request be withdrawn. There is no pending hearing request at this time, thus the Board may proceed with the claims. See 38 C.F.R. § 20.702 (e). The Veteran seeks entitlement to service connection for diabetes mellitus, type II, peripheral neuropathy of the bilateral lower extremities, and primary thrombocythemia, arthritis, thrombocytosis (leukemia) with bone marrow infection and erysipelas (blood disorder). Post-service treatment records confirm diagnoses of these conditions. The Veteran contributes these disabilities to herbicide agent exposure, specifically exposure to Agent Orange, during service in Korea in the DMZ. He states that he was sent to the DMZ several times while in Korea, including a period of at least four weeks in that location for training. Type II diabetes mellitus and early-onset peripheral neuropathy are on the list of diseases for which presumptive service connection can be awarded if the evidence indicates exposure to an herbicide agent. 38 C.F.R. § 3.309 (e). Other diseases may be attributed to herbicide exposure if direct service connection is established. A Veteran who served between April 1, 1968 and August 31, 1971 in a unit that, as determined by the Department of Defense (DoD), operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the Veteran was not exposed to any such agent during that service. 38 C.F.R. § 3.307 (a)(6)(iv). The Veteran’s DD Form 214 indicates that his occupational specialty was that of a Hercules Fire Control Crewman. Military personnel records reflect service in Korea from September 1968 to November 1969, which is during the time for which herbicide exposure may be presumed for certain units that served along the Korean DMZ. 38 U.S.C. § 1116 (a); 38 C.F.R. § 3.307 (a). However, the Veteran reported service in the 38th Artillery Brigade, a unit that is not listed as a unit that operated in or near the Korean DMZ area. The Board notes that a request for information was sent out in May 2010 requesting evidence regarding Vietnam service. The response received in August 2010 indicated no records of exposure to herbicides agent. However, this response appears to be predicated on the fact that the Veteran did not serve in Vietnam. Adequate development of the claim (the Veteran’s possible exposure to Agent Orange while in Korea) does not appear to have been undertaken. Thus, on remand a request should be sent to the JSRRC for verification of exposure to herbicides agents. Several of the Veteran’s contentions regarding service on or near the DMZ are set forth in correspondence from his attorney received in November 2018. Ongoing medical records should also be obtained. 38 U.S.C. § 5103A (c); see also Bell v. Derwinski, 2 Vet. App. 611 (1992) (VA medical records are in constructive possession of the agency, and must be obtained if the material could be determinative of the claim). The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records. 2. After obtaining the necessary authorization from the Veteran, obtain and associate with the claims file any identified relevant private medical records. All attempts to secure these records must be documented in the record. If any requested records are unavailable, the Veteran should be notified of such in accordance with 38 C.F.R. § 3.159 (e). 3. The regional office (RO) should submit a request to the JSRRC for verification of exposure to herbicide agents. The RO must provide JSRRC the claims file, including the Veteran’s service dates and duty locations, all the Veteran’s statements regarding exposure, the lay statements from other servicemembers, and the photographs he has furnished. 4. If JSRRC responds that it is unable to comply with the request, then the RO should produce a formal memorandum for the file documenting efforts to obtain this information. If the RO is unable to obtain any further information from the JSRRC, the Veteran should be notified of this fact and a copy of the notification associated with the file. M. Tenner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Bush