Citation Nr: 20002176
Decision Date: 01/09/20	Archive Date: 01/09/20

DOCKET NO. 18-12 955
DATE: January 9, 2020

REMANDED

Service connection for Parkinson’s disease, to include as due to exposure to toxic herbicide agents is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1968 to January 1972.

1. Service connection for Parkinson’s disease, to include as due to exposure to toxic herbicide agents is remanded.

The Veteran asserts that he was exposed to herbicide agents during his active duty service and that service connection for his Parkinson’s disease is warranted on a presumptive basis due to that exposure.

In this regard, the Veteran has submitted a document from a personal physician ostensibly diagnosing the Veteran with Parkinson’s Disease, although the document used by the physician was incomplete.  Therefore, a VA examination is necessary to determine whether there is an accurate diagnosis of Parkinson’s disease and, if so, the extent of the disease’s progress.

Moreover, additional development is required to confirm that the Veteran has been exposed to toxic herbicides.  In this regard, the Veteran has asserted that he served on board USS JOSEPH STRAUSS (DDG-16) while on active duty, and that this ship operated near the coastline of the Republic of Vietnam.  While this claim has been denied in the past because presence in the inland waterways of Vietnam could not be established, subsequent statutory changes and case law has extended the presumption of exposure to ships who were present in the territorial waters of the Republic of Vietnam.  See Procopio v. Wilkie, 913 F.3d 1371, 1379 (Fed Cir. 1371).

Unfortunately, however, the evidence of record does not include the Veteran’s personnel records, and there has been no formal development as to whether STRAUSS was ever within the territorial waters of Vietnam.  Therefore, development is required on this aspect of the claim as well. 

The matters are REMANDED for the following action:

1. Invite the Veteran to submit any additional evidence he may have in his possession related to the claim on appeal.  If the Veteran has received any additional treatment from any VA Medical Center, such records should be added to the claims file.

2. Schedule the Veteran for a VA examination regarding the Veteran’s claimed Parkinson’s disease.  The examiner is asked to confirm whether the diagnosis of Parkinson’s disease and, if so, the extent to which it effects the Veteran’s functioning

3. Obtain the Veteran’s service personnel records and attempt to verify if the he served within the territorial waters of the Republic of Vietnam.  

 

4. The RO should undertake all other development it deems necessary.  

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Crosnicker, Associate Counsel