Citation Nr: 20004430 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 17-56 957 DATE: January 21, 2020 REMANDED Entitlement to service connection for colon cancer, to include as secondary to the service-connected colon disorder and as a result of exposure to toxic substances to include herbicides, is remanded. REASONS FOR REMAND The Veteran served on with the U.S. Air Force on active service from May 1971 to June 1975. The Veteran died in November 2018. The appellant is his surviving spouse, whose application for substitution was accepted in February 2019. This matter arises from an October 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. In the October 2014 notice of disagreement and October 2017 substantive appeal, the Veteran’s attorney argued that a service-connected colon disorder progressed over the Veteran’s lifetime, requiring repeated surgery and, in essence, contributing to or developing into colon cancer. In addition, the Veteran’s representative argued that the Veteran’s colon cancer was the result of exposure to toxic materials, including the herbicide Agent Orange, contending that he was exposed to herbicides while serving on the ground in Thailand and/or servicing C-123 aircraft that had been used to spray Agent Orange. VA treatment records document that the Veteran was diagnosed with and treated for colon cancer prior to his death. Moreover, these records show he was treated for bowel conditions including irritable bowel and polyps leading up to his diagnosis with colon cancer. In addition, the record shows he was service-connected for spastic bowel syndrome, tiredness, malaise, and loss of weight in a 1976 rating decision. Finally, service treatment and personnel records show the Veteran was stationed at Udorn Royal Thailand Air Force Base, Thailand from approximately September 1973 to September 1974. His military occupational specialty was administration specialist, but his records note that he took the Aero Ground Equipment Repairman Specialty Course in 1971. A VA examiner conducted a records review examination in June 2011 and concluded that the Veteran’s colon cancer was less than likely due to active service. The VA examiner’s rationale is unclear. Further, the VA examiner further observed that the Veteran had a Veteran had not had any bowel complaints from active service to 2009. This is incorrect. VA treatment records show the Veteran received treatment for his bowel condition numerous times prior to 2009, including for irritable bowel syndrome (IBS), colonoscopies and removal of polyps. As early as August 1975, just two months after his discharge, VA treatment records show he reported with complaints of poor appetite and fatigue, and was assessed with anorexia, rule out Crohn. The opinion is therefore inadequate for adjudication. In addition, a May 2012 SSA inquiry from VA shows that the Veteran was receiving disability benefits from the Social Security Administration (SSA) with an onset in February 2007. However, a letter provided in February 2012 indicates that the Veteran was receiving monthly widower’s benefits. If the Veteran received SSA benefits based on his own disability, these records must be obtained. See Murinczak v. Derwinski, 2 Vet. App. 363, 370 (1992). The matters are REMANDED for the following action: 1. Determine if the Veteran received disability benefits from the SSA. If so, obtain the decision granting disability benefits and the medical records upon which such determination was made. 2. Undertake all necessary development to verify whether the Veteran was exposed or can be presumed to have been exposed to herbicides including Agent Orange or, in the alternative, to other toxic substances including such as he may have been exposed to as a mechanic. 3. After all required development has been completed, request a VA records review regarding the etiology of colon cancer. The reviewer must opine as to whether it is as likely as not that the colon cancer that contributed to the Veteran’s death was caused or aggravated by service, or is caused ot aggravated by service-connected colon disorder. For purposes of the review, exposure to herbicides should be considered, though no finding regarding such is yet made. 4. Then, readjudicate the claim. If the claim remains denied, issue an appropriate supplemental statement of the case and return the appeal to the Board for further consideration. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L.J. Bakke, 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.