Citation Nr: 18158307 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 17-04 721A DATE: December 14, 2018 REMANDED Entitlement to service connection for diabetes mellitus, to include as due to exposure to tactical herbicides is remanded. REASONS FOR REMAND Entitlement to service connection for diabetes mellitus, to include as due to exposure to tactical herbicides is remanded. The Veteran asserts that his current type II diabetes mellitus is caused by or related to exposure to herbicide agents to include Agent Orange while stationed in Okinawa, Japan. In a January 2017 statement prepared with the assistance of a relative, the Veteran stated that he was exposed to herbicide agents, including Agent Orange, which he asserted were used for control of jungle growth around buildings, runways and barracks to keep the jungle growth to a minimum. He also stated that as a radio repair technician, he worked on radio equipment on vehicles that were returned from the battlefield in Vietnam, noting that the equipment came right off the transport planes and into the garage for repair, and were not cleaned or decontaminated in any way that might have removed herbicide agents from the vehicle or equipment. In this case, after the Agency of Original Jurisdiction (AOJ) requested that the Veteran specify a 60-day time period related to when the herbicide exposure occurred, the Veteran’s wife helped the Veteran prepare an August 2015 response, in which the Veteran specified a time frame from July 8, 1971 through August 31, 1971 when exposure might have occurred. This appears to be a typographical error, as the Veteran’s Form DD 214 indicates that the Veteran served from July 1969 to July 1971, and the Veteran’s service personnel records indicated that the Veteran served in Okinawa from March 1970 to June 1971. The AOJ subsequently submitted a request to the JSRRC, the text of which does not appear to be of record, and in a February 2016 response, the JSRRC noted that after coordinating their research with the National Archives and Records Administration (NARA), they were unable to locate unit records from 1970 submitted by the 137th Ordnance Company, though they were able to determine from the 1970 U.S. Army Station List that the 137th Ordnance Company was stationed in Okinawa, Japan. The JSRRC further noted that for chemical and biological exposure, the Veteran could write to the Force Health Protection and Readiness Office for further information. The United States Court of Appeals for Veterans Claims (Court) held that VA's duty to assist is not bound by the JSRRC's 60-day limitation to obtain records. Gagne v. McDonald, 27 Vet. App. 397 (2015). The Court found that VA was obligated under its duty to assist to submit multiple 60-day requests to the JSRRC for records of an event. Id. at 404. The Court determined that the fact that multiple record searches would burden JSRRC employees does not mean that those efforts would be "futile." However, in Gobber v. Derwinski, the Court did not state that the duty to assist requires unlimited searches. 2 Vet. App. 470, 472 (1992) ("The 'duty to assist' is not a license for a 'fishing expedition' to determine if there might be some unspecified information which could possibly support a claim). In Gagne, the Veteran's relevant service period for his claimed in-service stressor covered a 13-month period. The Court found that a records search over a 13-month period was not "unreasonably long, given the particulars of the stressor provided by the appellant." Gagne, 27 Vet. App. at 404. As noted above, the Veteran has previously claimed that he was exposed to tactical herbicides through both his work as a radio repair technician working on contaminated military vehicles and through exposure to tactical herbicides sprayed around the facilities of the base, and his service personnel record provide the dates and his unit when he was stationed in Okinawa, Japan. The Veteran further submitted a news article detailing the presence of chemical weapons and other substances, including Agent Orange, on Okinawa during the time period in question. As the text of the request submitted to the JSRRC is not of record, it is unclear what time period the JSRRC was asked to research in connection with this case, though the response appears to indicate that the time period was limited to the year 1970. Consequently, the Board has determined that a remand is required for the AOJ to submit additional requests to JSRRC to determine whether the Veteran was exposed to tactical herbicides at any point during his period of service in Okinawa, Japan. The matter is REMANDED for the following action: Contact the JSRRC, and any other official source, to attempt to verify the Veteran's alleged exposure to herbicides while stationed in Okinawa, Japan. Make as many requests as necessary to cover the Veteran’s time being stationed in Okinawa from March 1970 to June 1971. If more detailed information is needed for this research, the Veteran should be given an opportunity to provide it. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Reed, Associate Counsel