Citation Nr: 19188451 Decision Date: 11/22/19 Archive Date: 11/22/19 DOCKET NO. 17-12 338 DATE: November 22, 2019 REMANDED Entitlement to service connection for Parkinson's disease, including as a result of exposure to toxic substances, is remanded. REASONS FOR REMAND The appellant served on active duty for training (ACDUTRA) from June 24, 1974, to July 3, 1974. This matter comes before the Board of Veterans' Appeals (Board) by order of the United States Court of Appeals for Veterans Claims (hereinafter “the Court”) in June 2019, which granted a joint motion for remand (JMR) vacating a March 2018 Board decision and remanding the issue on appeal for additional development. The matter initially arose from a December 2016 rating decision by the St. Petersburg, Florida, Regional Office (RO) of the Department of Veterans Affairs (VA). In April 2017, the appellant testified at a personal hearing before the undersigned Veterans Law Judge. A copy of the transcript of that hearing is of record. 1. Entitlement to service connection for Parkinson's disease, including as a result of exposure to toxic substances, is remanded. The Court has remanded the issue on appeal for action consistent with the terms of the JMR which agreed that necessary efforts were required to obtain a copy of the Superfund report cited in a December 2017 private medical opinion. Although neither the JMR nor the opinion from C.N.B., M.D., identified a specific Superfund report, the JMR defined Superfund and cited an internet address (https://www.epa.gov/superfund). In October 2019, the appellant’s attorney provided evidence in support of the claim including copies of a September 1991 report titled, “Superfund, Record of Decision: USA Anniston Army Depot, AL.” It is unclear as to whether this is a complete copy of all pertinent Superfund evidence and in the December 2017 opinion Dr. C.N.B. noted that identification of trichloroethylene (TCE) was “ubiquitous throughout all Superfund reports.” As such, additional development is required to ensure that complete copies of all available pertinent Superfund reports are requested or obtained. The Board also notes that in October 2019 the appellant’s attorney provided additional evidence in support of the claim, including articles, studies, and reports not previously of record or considered by the prior medical opinions. The evidence included a copy of an October 2018 report by Dr. H.M. titled, “Likelihood of exposure to herbicide agents used in the Vietnam War by Veterans who served on Fort McClellan (FTMC) in Anniston, AL,” indicated as having been prepared for the appellant’s attorney’s firm. The report included a list of literature cites. In light of the complex scientific and medical matters at issue, the Board finds that an additional medical opinion is required in this case for an adequate determination. The matters are REMANDED for the following action: 1. Appropriate action is required to ensure that complete copies of all pertinent Superfund reports are requested or obtained. 2. Obtain an addendum opinion from an environmental disease specialist (or appropriate clinician with explanation as to why an opinion by an environmental disease specialist is not possible or is not warranted) regarding whether the Veteran has Parkinson’s disease that is at least as likely as not related to service, including as a result of exposure to toxic substances at Ft. McClellan, Alabama, from June 24, 1974, to July 3, 1974. A complete rationale must be provided which acknowledges review of all pertinent evidence of record, including VA and non-VA medical opinions, Superfund reports, articles, studies, and reports. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Douglas The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.