Citation Nr: 20002871
Decision Date: 01/13/20	Archive Date: 01/13/20

DOCKET NO. 14-22 461
DATE: January 13, 2020

REMANDED

Entitlement to service connection for prostate cancer is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1968 to October 1970.  He died in October 2015.  The appellant is the Veteran’s surviving spouse.

In April 2018, the Board denied the appellant’s claim for service connection for prostate cancer.  The appellant appealed to the United States Court of Appeals for Veterans Claims (CAVC).

This matter comes before the Board of Veterans’ Appeals (Board) from a Joint Motion for Remand (JMR) before CAVC.  In April 2019, CAVC vacated the Board’s April 2018 decision and remanded the claim to the Board.

1. Entitlement to service connection for prostate cancer is remanded.

The appellant and the Secretary of Veterans Affairs have jointly agreed that remand is warranted for VA to seek verification of whether the Veteran served at the de-militarized zone (DMZ) while he served in the Republic of Korea.  In March 2012, VA made a request for information regarding the 7th Military Police Company through the Defense Personnel Records Information Retrieval System (DPRIS).  The request and the resulting response covered the period between June 1970 and March 1971.  The Veteran served in the 7th Military Police Company in Korea from April 1970 to October 1970. See generally, Military Personnel Record.  The Board denied service connection because the appellant provided insufficient information to narrow down a two-month window about which VA could seek information from the Joint Service Records Research Center (JSRRC).  There was a formal finding as to the lack of sufficient information to request a search.  However, the formal finding did not address the discrepancy in the dates of the DPRIS request and the dates the Veteran served in Korea.  

VA did not satisfy the duty to assist because the request for information to verify whether the Veteran served at the DMZ in Korea did not cover all his dates of service in Korea.  38 C.F.R. § 3.159(c)(2).  Remand is warranted to seek verification as to whether the Veteran served at the DMZ during his time in Korea, including April and May 1970.

The matters are REMANDED for the following action:

1. Submit a request to the JSRRC and any other appropriate agency to attempt to verify if the Veteran served at the DMZ in Korea at any time from April 1970 to October 1970.  If multiple requests are needed to cover the entire period for the Veteran’s reported service, submit multiple requests.  Any negative responses must be documented.

Previous requests to JSRRC and findings from JSRRC are to be considered insufficient, as they did not fully encapsulate the Veteran’s time of service in Korea.

2. After ensuring that the requested actions are completed, conduct any other development actions deemed warranted and readjudicate the claim on appeal.  If any benefit sought is not fully granted, furnish a Supplemental Statement of the Case before the electronic file is returned ot the Board, if otherwise in order.

The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded.

 

 

K. J. ALIBRANDO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Hermsdorfer, 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.