Citation Nr: 20002089 Decision Date: 01/09/20 Archive Date: 01/09/20 DOCKET NO. 14-16 653 DATE: January 9, 2020 REMANDED Service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1965 to September 1967. The Veteran passed away in March 2011. The appellant is the Veteran’s widow. In November 2016, the appellant testified during a Travel Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In a December 2017 decision, the Board of Veterans’ Appeals (Board) denied the claim for service connection for the cause of death and the appellant appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2018 Joint Motion for Remand (Joint Motion), the parties agreed that VA failed to provide adequate reasons and bases as the Board did not discuss evidence favorable to the claim suggesting the Veteran served in Korea in April 1967. Further, the parties agreed the Board failed to comply with the duty to assist the appellant in the development of her claim. Specifically, that the inquiry by VA into herbicide agent use was not broad enough to encompass all of the Veteran’s service in Korea. In an October 2018 Order the Court granted the Joint Motion and remanded the claim for action consistent with the terms of the Joint Motion. Consistent with the Joint Motion, the Board finds remand is warranted for additional development. A response from the Defense Personnel Records Information Retrieval System (DPRIS) reflects the 1966 unit histories submitted by the 2nd Battalion, 17th Infantry Division (2nd Bn, 17th Inf) and the 7th Infantry Decision (7th Inf Div.) were reviewed. The author reported the histories document the 2nd Bn, 17th Inf was located at Camp Kaiser approximately fourteen miles from the Demilitarized Zone (DMZ). He reported the histories document many training exercises throughout the year of 1966, but do not give locations. He reported the histories do not document the use storage, spraying, or transporting of herbicides or any specific duties performed by the unit member along the DMZ and that therefore, he was unable to verify or document that the Veteran was exposed to Agent Orange or other tactical herbicides during the period March 18, 1966 to August 22, 1966. See DPRIS Response. In January 2014 VA determined after review of the Veteran’s personnel records and the DPRIS response that review of available records shows that there are no available records documenting the Veteran’s exposure to Agent Orange in Korea. The matter is REMANDED for the following action: Send a request to the Joint Services Records Research Center (JSRRC) or other appropriate agency to determine whether the Veteran was exposed to herbicide agents while serving with the 2nd Battalion, 17th Infantry Division in Korea for the period from March 18, 1966 to April 18, 1967. (Continued on the next page.) Document all requests for information as well as all responses in the claims file. The record must reflect the request for information is for the entire period March 18, 1966 to April 18, 1967. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Gonzalez, Associate 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.