Citation Nr: 18123385 Decision Date: 08/02/18 Archive Date: 08/01/18 DOCKET NO. 14-30 863 DATE: August 2, 2018 REMANDED Entitlement to service connection for the Veteran's cause of death is remanded. REASONS FOR REMAND The Veteran had active duty service from December 1965 through November 1967, to include service in Thailand from November 1966 through November 1967. He died on July [redacted], 1999. The appellant is the Veteran's surviving spouse. 1. Entitlement to service connection for the Veteran's cause of death is remanded. A death certificate shows that the Veteran died on July [redacted], 1999 due to cardiorespiratory collapse that was due to hepatorenal failure due to heart failure that was in turn due to marked cardiomyopathy and chronic obstructive pulmonary disease (COPD) with asbestosis. The appellant contends that the Veteran was exposed to Agent Orange during service in Thailand. She asserts that the exposure occurred while the Veteran performed duties as a truck driver and traveled throughout Thailand to deliver food and supplies to different bases. She argues that the Veteran's heart condition and COPD resulted from that exposure. Somewhat consistent with the appellant's assertions, the Veteran's service personnel records show that the Veteran was deployed to Thailand from November 1966 through November 1967 and that he did perform duties as a heavy vehicle driver while attached to the 505th Transportation Company. Commendation letters included among the assembled service personnel records indicate that the Veteran did perform duties that involved delivering aluminum and steel from Udorn railhead to Nakhon Phanom. Federal regulations contain no express provisions regarding herbicide use in Thailand. Still, a Department of Defense (DoD) study entitled, "Project CHECO Southeast Asia Report: Base Defense in Thailand" determined that herbicides were used on the fenced-in perimeters of military bases in Thailand in order to eliminate vegetation and ground cover for base security purposes. VA "has determined that special consideration of herbicide exposure on a factual basis should be extended" to veterans who served "on or near the perimeters of Thailand military bases." M21-1MR, Part IV.ii.2.C.10.q. VBA's Adjudication Procedures Manual, M21-1MR (M21-1MR) provides that herbicide exposure should be conceded on a direct/facts found basis where a veteran served in the U.S. Air Force in Thailand during the Vietnam Era at one of the Royal Thai Air Force Bases (RTAFBs) at U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang, and as an Air Force security policeman, security patrol dog handler, member of the security police squadron, or otherwise near the air base perimeter as shown by evidence of daily work duties, performance evaluation reports, or other credible evidence. See M21-1MR, Part IV.ii.2.C.10.q. In conjunction, the Veteran's Benefits Administration Manual M21-1 (M21-1 MR) provides specific procedures for verifying herbicide exposure in locations other than the Republic of Vietnam or along the demilitarized zone (DMZ) in Korea. See M21-1 MR, Part IV, Subpart ii, Chapter 1, Section H, Subsection 7, Paragraph a. That procedure requires: (1) asking the Veteran for the approximate dates, location, and nature of the alleged exposure; (2) furnishing the Veteran's detailed description of exposure to the Compensation Service for confirmation; and (3) requesting a review of the Department of Defense (DOD) inventory of herbicide operations to determine whether herbicides were used as alleged. If the Compensation Service's review confirms that herbicides were used as alleged, then a determination must be made as to whether service connection is in order. If the Compensation Service’s review does not confirm that herbicides were used as alleged, then a request should be sent to the Joint Services Records Research Center (JSRRC) for verification of exposure to herbicides. The Board acknowledges that the RO has previously asked the National Personnel Records Center (NPRC) to provide records related to the Veteran's service and herbicide exposure in Vietnam. In May 2011, the RO made a formal finding that there was a lack of information in the record for corroborating purported service and herbicide exposure in Vietnam. Nonetheless, the record indicates that the RO did not undertake any efforts to corroborate possible herbicide exposure during the Veteran's documented service in Thailand. Given the information in the Veteran's service personnel records and the findings from the DoD study cited above, the RO should undertake the development prescribed by the aforementioned M21-2 MR provisions to determine whether the Veteran was exposed to herbicides during service. The matter is REMANDED for the following action: 1. The appellant should be asked whether she has additional evidence that pertains to the Veteran's causes of death. Records of relevant VA and private treatment received by the Veteran should be associated with the record. If such records are not available, such unavailability should be documented in the record. The appellant and her representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 2. Notify the appellant that she may submit lay statements from individuals who have first-hand knowledge, and/or were contemporaneously informed of the Veteran's alleged in-service herbicide exposure and duties during his deployment to Thailand, as well as his in-service and post-service cardiac, respiratory, and pulmonary symptomatology. The appellant should be given an appropriate amount of time to submit this lay evidence. 3. Ensure that the Veteran's complete military personnel records are available. Once those procedures have been completed, complete the procedures provided in the Veteran's Benefits Administration Manual Part IV, Subpart ii, Chapter 1, Section H, Subsection 7, Paragraph a, for verification of any herbicide exposure claimed by the appellant, to include her contention that the Veteran was exposed to herbicides, including Agent Orange, while performing duties as a heavy vehicle driver in Thailand. In particular, send a request to the Compensation Service and to the Joint Services Records Research Center (JSRRC) for verification as to whether the Veteran was exposed to herbicide agents or other hazardous or toxic chemicals in Thailand as alleged during his period of service, in accordance with the instructions set forth in the M21-1 MR. All documentation sent and received regarding this request must be associated with the claims file. 4. After completion of the above development, and any other development deemed necessary, the issue on appeal should be readjudicated. If the determination remains adverse to the appellant, she and her representative should be furnished with a SSOC and be given an opportunity to respond. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D.S. Lee, Counsel