Citation Nr: 19157463 Decision Date: 07/24/19 Archive Date: 07/24/19 DOCKET NO. 18-51 047 DATE: July 24, 2019 REMANDED Entitlement to service connection for coronary artery disease, to include as due to exposure to an herbicide agent, is remanded. Entitlement to service connection for diabetes mellitus, type 2, to include as due to exposure to an herbicide agent, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1969 to October 1970 with service in Thailand from August 1969 to October 1970. Entitlement to service connection for coronary artery disease and diabetes mellitus, type 2, to include as due to exposure to an herbicide agent, is remanded. Although the record evidence shows that the Veteran has been diagnosed with non-insulin dependent diabetes mellitus and coronary artery disease, the record does not reflect, nor does the Veteran assert, that he served in Vietnam during the Vietnam era. Rather, he claims that he was exposed to herbicides during his service in Thailand. VA has determined that a special consideration of herbicide exposure on a factual basis should be extended to Veterans whose duties placed them on or near the perimeters of Thailand military bases. VBA’s guidance document provides that herbicide exposure may be conceded on a direct/facts-found basis if the Veteran served with 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, or 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. In a May 2010 bulletin, VA’s C&P Service indicated that it had determined that there was significant use of herbicides on the fenced in perimeters of military bases in Thailand intended to eliminate vegetation and ground cover for base security purposes. A source for this information was the declassified Vietnam era Department of Defense (DoD) document titled Project CHECO Southeast Asia Report: Base Defense in Thailand. Although DoD indicated that the herbicide use was commercial in nature rather than tactical, the C&P Service determined that there was some evidence that herbicides of a tactical nature, or that of a “greater strength” commercial variant with characteristics of tactical herbicides, were used. Therefore, the C&P Service determined that special consideration of herbicide exposure on facts found or direct basis should be extended to those Veterans whose duties placed them on or near the perimeter of Thailand military bases, allowing for presumptive service connection of the diseases associated with herbicide exposure. According to the bulletin, along with air bases, there were some small Army installations established in Thailand during this period, which may also have used perimeter herbicides in the same manner as the air bases. Therefore, if a U.S. Army veteran claimed disability based on herbicide exposure and the veteran was a member of a military police (MP) unit or was assigned an MP military occupational specialty (MOS) that required duty at or near the base perimeter, then herbicide exposure on a facts found or direct basis was to be acknowledged. The Veteran’s service personnel records (SPRs) reflect that he served in Thailand from August 1969 to October 1970. Service treatment records and SPRs reflect the Veteran was stationed at the Korat RTAFB and was at the Udorn RTAFB during his service in Thailand. It is unclear, however, that the Veteran’s military occupational specialty (MOS) as a medic included duties that would involve him to be near the air base perimeters. In response to a request for the Veteran’s unit information, the U.S. Army and Joint Services Records Research Center (JSRRC) provided a response with respect to the 538th Transportation Company, which was not one of the Veteran’s units or duty stations. Therefore, a remand is necessary to obtain unit histories for the Veteran’s unit and duty stations during his service in Thailand in an attempt to verify the Veteran’s reported exposure to herbicides. The matters are REMANDED for the following action: Contact the appropriate agency or administration entity, to include the National Personnel Records Center (NPRC) and the U.S. Army and Joint Services Records Research Center (JSRRC) and request unit histories for the Veteran’s units during his period of service in Thailand from August 1969 to October 1970, including as a member of the 165th medical detachment, 133rd medical group, and any additional units with which he was associated. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Saira Spicknall, Counsel 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.