Citation Nr: 18160784
Decision Date: 12/27/18	Archive Date: 12/27/18

DOCKET NO. 16-36 536
DATE:	December 27, 2018
REMAND
Service connection for diabetes mellitus type II due to herbicide agent exposure is remanded.
Service connection for bilateral lower extremity nerve condition, as secondary to diabetes mellitus, is remanded.
REASONS AND BASES FOR REMAND
The Veteran served honorably in the U.S. Air Force from November 1968 to October 1972. This matter is before the Board of Veterans’ Appeals on appeal from a June 2015 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Janesville, Wisconsin.
1. Service connection for diabetes mellitus type II due to exposure to herbicide agent is remanded.
2. Service connection for bilateral lower extremity nerve condition, to include as secondary to diabetes mellitus, is remanded.
The June 2015 rating decision cited to VA treatment records from Lake City and Sheridan VA Medical Centers (VAMCs).  The Veteran himself reported being treated at Rock Springs Community Based Outpatient Clinic (CBOC).  However, no VA treatment records have been associated with the Veteran’s claims file.  Without proper clarification on whether the Veteran has diabetes and/or a bilateral lower extremity nerve condition, the Board cannot adjudicate the claims.  Accordingly, because such records are pertinent, and because VA treatment records are constructively of record, they must be obtained, in addition to any updated records of any VA treatment the Veteran received for the disabilities on appeal.
Herbicide exposure is presumed for service members who regularly and repeatedly operated, maintained, or served onboard C-123 aircraft known to have been used to spray herbicides during the Vietnam Era.  See 38 C.F.R. § 3.307(a)(6)(v).  Under the Veterans Benefits Administration (VBA) Manual, jurisdiction in all such cases should be transferred to the St. Paul, Minnesota RO for development and adjudication. See VBA Manual, M21-1, IV.ii.1.H.3. This appeal should therefore be transferred to the St. Paul RO for readjudication in accordance with the procedures set forth in VBA Manual, M21-1, IV.ii.1.H.3. 
The matters are REMANDED for the following action:
1. Forward the appeal to the St. Paul RO.
2. Obtain the complete clinical records of all VA treatment the Veteran has received for the disabilities on appeal, to specifically include records from Rock Springs CBOC, Lake City VAMC, and Sheridan VAMC for his condition. 
3. Thereafter, attempt to verify the Veteran’s alleged herbicide exposure, to include Agent Orange, due to performing maintenance and/or serving aboard of C-123 aircraft while stationed in Korea, following the procedures set forth in VBA Manual, M21-1, IV.ii.1.H.3. All requests and responses received should be associated with the claims file.
4. Thereafter, undertake any additional development deemed appropriate.
 
T. MATTA
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Bryant, Law Clerk