Citation Nr: 20004657
Decision Date: 01/21/20	Archive Date: 01/21/20

DOCKET NO. 16-62 430
DATE: January 21, 2020

REMANDED

Entitlement to service connection for a skin disability is remanded.

REASONS FOR REMAND

The Veteran had active service from May 1966 to May 1968, including service in Thailand from September 1967 to May 1968. 

1. Entitlement to service connection to a skin disability is remanded.

Unfortunately, the Board finds that additional development must be completed prior to adjudication by the Board. 

During the Veteran’s July 2019 examination, the Veteran’s medical history reports a statement from the Veteran indicating a contention that his skin cancer is the result of exposure to herbicide agents. The course of the Veteran’s adenosquamous carcinoma states, “Veteran served during the time of the Vietnam era and the possibility of exposure to Agent Orange or herbicide [agents] is likely.” While the Veteran has not previously reported a contention that his skin disabilities are the result of exposure to herbicide agents, the Board finds that as the record demonstrates that the Veteran’s separation examination was conducted at U-Tapao Air Force Base in Thailand and that he served in Thailand from September 1967 to May 1968 that this theory has been raised by the record.  See Robinson v. Shinseki, 557 F.3d 1355, 1361 (Fed. Cir. 2009) (When determining service connection, all theories of entitlement reasonably raised by the evidence of record must be considered.) Accordingly, the Board finds that additional development should be conducted regarding the Veteran’s potential exposure to herbicide agents during his period of active service, including in Thailand. 

The matters are REMANDED for the following action:

1. Undertake appropriate efforts to fully develop the Veteran’s claim of exposure to herbicide agents during his period of active service, including service in Thailand from September 1967 to May 1968.

2.  Then, request that the U.S. Army and Joint Services Records Research Center (JSRRC) take appropriate measures to verify the Veteran’s account of in-service herbicide exposure. 

All requests and responses received should be associated with the claims file. If such verification is not possible, it should be so certified for the record (along with a description of the extent of the verification conducted). 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P.M. Johnson, 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.