Citation Nr: 20002983 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 19-01 714 DATE: January 14, 2020 REMANDED Entitlement to service connection for peripheral neuropathy of the upper extremities is remanded. Entitlement to service connection for peripheral neuropathy of the lower extremities is remanded. REASONS FOR REMAND The Veteran had active service from October 1965 to October 1968. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for peripheral neuropathy of the upper and lower extremities is remanded. The Veteran contends that he is entitled to service connection for peripheral neuropathy of the upper and lower extremities based on his exposure to herbicide agents while traveling in Vietnam. See September 2014 correspondence. He contends that as an aircraft maintenance technician he went on temporary duty assignment (TDY) to Vietnam several times while he was while stationed in Thailand at the Korat Royal Thai Air Force Base (RTAFB). See July 2010 correspondence; February 2013 Notice of Disagreement (NOD). His former attorney requested that the RO obtain the Veteran’s finance records in order “to document [the Veteran] receiving hazardous duty pay due to his TDY in Vietnam.” See February 2013 NOD. He further argues that the Veteran’s duties as an airplane mechanic placed him at the end of the runway near the perimeter base. Id. Finally, he contends that he was sent to Ubon on TDY where he was a perimeter guard relief. Id. Presumptive service connection is available when there is evidence that the Veteran had service in Thailand in specific areas during the Vietnam Era VA’s Compensation Service has issued information concerning the use of herbicides in Thailand during the Vietnam era. In a May 2010 bulletin, Compensation Service indicated that it has 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 primary source for that information was the declassified Department of Defense (DOD) Report titled “Project CHECO Southeast Asia Report: Base Defense in Thailand.” Although DOD indicated that the herbicide use was commercial in nature, rather than tactical (such as Agent Orange), Compensation Service has determined that there was some evidence that herbicides of a tactical nature, or that of a “greater strength” commercial variant, were used. See VA Adjudication Manual, M21-1, Part IV, Subpart ii, Chapter 2, Section C. The majority of troops in Thailand during the Vietnam era were stationed at the Royal Thai Air Force Bases of U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhil, Korat, and Don Muang. If a veteran served on one of these bases as a security policeman, security patrol dog handler, member of a security police squadron, or otherwise served near the air base perimeter, as shown by MOS (military occupational specialty), performance evaluations, or other credible evidence, then herbicide exposure should be acknowledged on a facts found or direct basis. However, this applies only during the Vietnam era, from February 28, 1961, to May 7, 1975. See M21-1, Part IV, Subpart ii, Chapter 2, Section C.10.(q). The M21-1 provides that, if herbicide exposure cannot be conceded based upon the above described facts, the veteran is to be asked for the approximate dates, location, and nature of the alleged herbicide exposure. If the veteran fails to furnish the requested information, the claim will be referred to the Joint Services Records Research Center (JSRRC) coordinator to make a formal finding that sufficient information required to verify herbicide exposure did not exist. The claim may then be decided on the evidence of record. With regard to the Veteran’s claimed exposure to herbicides in Thailand, the Board notes that the Veteran’s service personnel records confirm service at Korat RTAFB. The Board recognizes that the RO submitted an inquiry to the Joint Services Records and Research Center (JSRRC); however, the June 2017 JSRRC response was nonspecific as to the circumstances of the Veteran’s service. Crucially, as the Veteran was stationed in Thailand during the Vietnam Era with confirmed service at Korat RTAFB and has alleged herbicide exposure throughout that entire period, further inquiry is required pursuant to the VBA Fast Letter 09-20 (May 6, 2009) and Memorandum for the Record. The Board therefore finds that remand of this matter for further JSRRC inquiry is required. Additional inquiry should be conducted through the JSRRC to include obtaining the Veteran’s unit histories, which might provide credible supporting evidence of herbicide exposure, for the entire period of the Veteran’s service in Thailand. Moreover, with regard to the Veteran’s assertion of service in the Republic of Vietnam, he submitted a photograph that he contends is a photograph of himself while stationed in Vietnam in 1968. However, there is no identifying information within the photograph. The RO requested the Veteran’s personnel records – which were silent for any evidence of TDY visits to Vietnam or Ubon; however, there have been no attempts to verify the Veteran’s potential hazardous duty pay for his TDY to Vietnam. Therefore, the Board finds that a remand is necessary to obtain evidence that the Veteran received hazardous pay for his TDY to Vietnam. The matters are REMANDED for the following action: 1. Submit a request to the JSRRC for any information that might corroborate the Veteran’s claimed exposure to herbicides for the entire period of his service in Thailand to include obtaining pertinent unit histories. The JSRRC should also be requested to provide any additional information that might corroborate the Veteran’s alleged herbicide exposure. A copy of the Veteran’s DD Forms 214 and 215, and DA Form 20, or equivalent service documents should be sent to JSRRC along with the request(s). If multiple requests to JSRRC are necessary, such should be accomplished. The AMC should follow any recommendations provided by the JSRRC in obtaining relevant records from alternate sources. All requests and responses with respect to the above actions, both positive and negative, should be associated with the VA claims file. 2. Contact the Defense Finance Accounting Service, or other appropriate authority, and request evidence (including Military pay vouchers) that Veteran received hazardous duty pay for TDY to Vietnam while he was stationed in Thailand. All requests and responses with respect to the above actions, both positive and negative, should be associated with the VA claims file. Katherine K. Buckley Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Baskerville 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.