Citation Nr: 18125305 Decision Date: 08/09/18 Archive Date: 08/09/18 DOCKET NO. 15-30 604 DATE: August 9, 2018 REMANDED Entitlement to service connection for ischemic heart disease is remanded. Entitlement to service connection non-Hodgkins lymphoma (claimed as leukemia) is remanded. Entitlement to a total disability rating for individual unemployability due to service connected disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1973 to September 1973. 1. Entitlement to service connection for ischemic heart disease and non-Hodgkins lymphoma is remanded. The Veteran contends both disabilities on appeal were caused by exposure to an herbicide agent in the United States. Specifically, he contends he was exposed to Agent Orange while stationed at Fort Jackson and/or Fort Leonard Wood. The Veteran also contends he was exposed to a carcinogen while in service. See September 2017 representative statement (citing website contending RDX was found in groundwater). The VA Adjudication Procedure Manual, M21-1, provides specific instructions on how to develop service connection claims based on herbicide exposure in locations other than the Republic of Vietnam, Korea, and Thailand. The Regional Office (RO) completed four of the five steps required by the M21-1. To date, the RO has not requested a Joint Services Records Research Center (JSRRC) search to verify the Veteran’s assertions pursuant to M21-1, Part IV, subpart ii, chapter 1, section H, topic 7. After following the first four steps, a memorandum was issued noting the “Veteran did not provide specific information that would necessitate a JSRRC Agent Orange inquiry request.” See July 2014 memorandum. However, the appropriate standard is whether the “Veteran provided sufficient information to permit a search by JSRRC”, not information that would “necessitate” a JSRRC inquiry. See M21-1, Part IV, subpart ii, chapter 1, section H, topic 7 (emphasis added). The Veteran reported the circumstances surrounding his alleged exposure, and thus has provided sufficient information to permit such a search. See M21-1, Part III, subpart iii, chapter 2, section I, topic 4.b; see also February 25, 2014 correspondence. The United States Court of Appeals for Veterans Claims (Court) has consistently held that evidentiary development procedures provided in VA’s Adjudication Procedure Manual are binding. See Campbell v. Gober, 14 Vet. App. 142, 144 (2000) (holding that VA was obligated, as part of its duty to assist, to comply with the applicable M21-1 provisions concerning service-connected death claims and remanding for compliance with that provision and applicable regulations); Patton v. West, 12 Vet. App. 272, 282 (1999) (holding that the Board failed to comply with the duty to assist requirement when it failed to remand the case for compliance with the evidentiary development called for by the M21-1). Therefore, remand is warranted for further development consistent with the M21-1. Similarly, additional development is required for the Veteran’s claim of exposure to a carcinogen while at Ft. Jackson. The U.S. Department of Defense has found Royal Demolition Explosive (RDX) at Ft. Jackson. The United States Environmental Protection Agency has classified RDX as a possible human carcinogen. However, the evidence of record does not contain information about the existence and effect of RDX at the time the Veteran was at Ft. Jackson. Therefore, additional development consistent with the M21-1 is warranted. See M21-1, Part IV, subpart ii, chapter 1, section I, topic 6 (Developing Claims Based on Exposure to Other Specific Environmental Hazards). Additionally, a February 2014 letter indicates that there may be outstanding and relevant Social Security Administration records. A remand is required to allow VA to request these records. 2. Entitlement to a total disability rating for individual unemployability due to service connected disability is remanded. Finally, because a decision on the remanded issues of service connection for non-Hodgkins lymphoma and ischemic heart disease could significantly impact a decision on the issue of to a total disability rating for individual unemployability due to service connected disability (TDIU), the issues are inextricably intertwined. Therefore, a remand of the TDIU claim is required. The matters are REMANDED for the following action: 1. Obtain the Veteran’s federal records from the Social Security Administration. Document all requests for information as well as all responses in the claims file. 2. Take appropriate measures consistent with the M21-1, to include a JSRRC inquiry, to determine whether the Veteran was exposed to an herbicide agent at Fort Jackson or Fort Leonard Wood. 3. Take appropriate measures, consistent with the M21-1, to determine whether the Veteran was exposed to a carcinogen at Fort Jackson. MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Gregory T. Shannon, Associate Counsel