Citation Nr: 18159175 Decision Date: 12/19/18 Archive Date: 12/18/18 DOCKET NO. 16-33 200 DATE: December 19, 2018 REMANDED Entitlement to service connection for ischemic heart disease is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for diabetes mellitus, type II is remanded. Entitlement to service connection for left lower extremity peripheral neuropathy is remanded. Entitlement to service connection for right lower extremity peripheral neuropathy is remanded. Entitlement to service connection for psychiatric disability, to include post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND Rating decision dated in March 2015 denied service connection for diabetes, heart disease, and hypertension. Rating decision dated in April 2015 denied service connection for PTSD. In July 2015, relevant service department records were associated with the claims file to warrant reconsideration of those previously denied claims. 38 C.F.R. § 3.156(c). 1. Entitlement to service connection for ischemic heart disease. 2. Entitlement to service connection for hypertension. 3. Entitlement to service connection for diabetes mellitus, type II. 4. Entitlement to service connection for left lower extremity peripheral neuropathy. 5. Entitlement to service connection for right lower extremity peripheral neuropathy. Issues 1-5: The Veteran contends that heart disease, hypertension, diabetes, and bilateral lower extremity peripheral neuropathy are related to exposure to herbicide agents during service in Vietnam. Specifically, the Veteran contends exposure to herbicide agents due to his assignment to a response team that recovered downed aircraft and crew in Vietnam. A Veteran who served in the Republic of Vietnam during the Vietnam era shall be presumed to have been exposed during that service to an herbicide agent. 38 U.S.C. § 1116 (2012); 38 C.F.R. § 3.307(a)(6)(iii). Service in the Republic of Vietnam means actual service in country in Vietnam from January 9, 1962, through May 7, 1975, and includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam. 38 C.F.R. §§ 3.307(a)(6)(iii), 3.313(a). Service records show the Veteran was awarded the Vietnam Campaign Medal for a combination of service on board the USS Enterprise and prior Vietnam service. Those records also show the Veteran was an aircraft mechanic assigned to Reconnaissance Attack Squadron FIVE onboard the USS Enterprise in support of military operations in Vietnam. The 1971 Command History show the USS Enterprise launched air missions with targets in Laos, Cambodia, and South Vietnam. During that tour of duty in the Gulf of Tonkin, 1,567 catapult launches and 1,673 arrested landings were conducted on the USS Enterprise. Although service records indicate the Veteran’s statement is plausible, the records do not show the Veteran served in Vietnam. The claims file shows VA requested the Veteran’s service records through the Personnel Information Exchange System (PIES). In the June 2016 statement of the case, the Agency of Original Jurisdiction (AOJ) noted that the Veteran’s statements were insufficient to allow for a meaningful search of the U.S. Army and Joint Service Records Research Center (JSRRC) or the National Archives and Records Administration (NARA) records. However, the Board finds the record contains sufficient information to allow for a meaningful search of JSRRC and NARA records. Service records identify the reconnaissance attack squadron the Veteran was assigned to, and the months and year the USS Enterprise conducted special operations in the Gulf of Tonkin. Additionally, the service records obtained indicate the Veteran had prior service in Vietnam which is not included in the PIES response. Accordingly, the Board concludes that remand is necessary to request JSRRC and NARA records to locate any records of prior Vietnam service, and determine if the Veteran’s reconnaissance attack squadron participated in missions in Vietnam. 6. Entitlement to service connection for psychiatric disability, to include PTSD. The Veteran contends that psychiatric disability, to include PTSD, is caused by service in Vietnam. Specifically, that he witnessed multiple plane crashes, on deck ordinance explosions, and that he was assigned to a response team that recovered downed aircraft and crew in Vietnam. Service connection for PTSD requires medical evidence diagnosing the condition in accordance with the Diagnostic and Statistical Manual of Mental Disorders, (DSM), of the American Psychiatric Association; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. §§ 3.304(f), 4.125(a) The service records cited above indicate the Veteran’s statement is plausible, however the records do not confirm the Veteran’s claimed stressors. Accordingly, the Board concludes that remand is necessary to request JSRRC and NARA records to locate any records of prior Vietnam service, and determine if any plane crashes or ordinance explosions occurred on deck of the USS Enterprise while the Veteran was assigned, and which, if any, squadrons from the USS Enterprise conducted downed aircraft and crew recovery operations in Vietnam. Additionally, where VA provides an examination or obtains an opinion, it must be adequate. Barr v. Nicholson, 21 Vet. App. 303 (2007). In March 2015, a VA examiner opined the Veteran did not meet the diagnostic criteria for PTSD. The examiner listed one stressor, that the Veteran lost many friends while in Vietnam. The examiner noted that stressor was related to the Veteran’s fear of hostile military or terrorist activity. However, there is no indication that the examiner considered the Veteran’s claims that he witnessed multiple plane crashes, on deck ordinance explosions, and that he was assigned to a response team that recovered downed aircraft and crew in Vietnam. Moreover, the examiner diagnosed stressor related or other specified trauma disorder, but did not provide an opinion on whether or not the disability is related to or caused by service in the Vietnam War. Accordingly, the Board concludes that remand is necessary for an opinion which considers all of the Veteran’s contentions, any new service records, and provides an etiology opinion for any psychiatric disability diagnosed. The matters are REMANDED for the following action: 1. Request the unit records and history, to include but not limited to incident reports and casualty reports, for the USS Enterprise, to include Reconnaissance Attack Squadron FIVE, from July 1971 to February 1972. The request should specifically include records of any plane crashes or ordinance explosions on deck, and the personnel and aircraft that conducted special operations and downed aircraft and crew recovery missions in Vietnam. Requests should be sent to the Textual Records office at the National Archives and Records Administration (NARA), the National Personnel Records Center (NPRC), the United States Army and Joint Services Records Research Center (JSRRC), and any other appropriate agency. Make as many requests as necessary to obtain the records. If it is determined that the records do not exist or that further attempts to obtain the records would be futile, a formal finding should be entered into the record and the Veteran should be notified and provided the opportunity to obtain and submit the evidence. 2. After the above development has been completed, the Veteran should be scheduled for a VA psychiatric examination to ascertain whether the Veteran has had during this appeal any psychiatric disorder etiologically related to active duty service. The examiner should review the Veteran’s contentions and service records cited in this decision, and any relevant service records obtained after the above development. The examiner should address the following: (a.) Whether the Veteran has met the criteria for a diagnosis of PTSD, or any mental disorder, under 38 C.F.R. § 4.125. If PTSD is not diagnosed, the examiner should specify which Criterion were not met. (b.) Whether any psychiatric disorder shown during this appeal, to include PTSD, is at least as likely as not (50 percent or greater probability) etiologically related to active duty service, to include any verified events claimed by the Veteran during service in the Vietnam War. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Thaddaeus J. Cox, Associate Counsel