Citation Nr: 20005388 Decision Date: 01/23/20 Archive Date: 01/22/20 DOCKET NO. 15-12 247 DATE: January 23, 2020 REMANDED Service connection for any lung condition, to include emphysema and chronic obstructive pulmonary disorder (COPD) is remanded. Service connection for a gastrointestinal disability is remanded. Service connection for hypertension is remanded. Service connection for prostate condition is remanded. Service connection for cause of death is remanded. REASONS FOR REMAND The Veteran had active military service from August 1962 to August 1965. The Veteran died in January 2014 and the Appellant is the Veteran’s surviving spouse. The Appellant presented sworn testimony at a hearing before the undersigned in January 2019. The issues on appeal are being remanded to obtain service records that have not been associate with the file as well as to request medical opinions. At the Appellant’s hearing, her representative argued that the Veteran’s unit was exposed to Agent Orange while serving in Germany. The Veteran was assigned to the 1st squadron, 14th Armored Cavalry Division in Fulda, Germany from February 1963 to August 1965. It appears to the Board that the Veteran’s complete personnel file is not of record, specifically his unit records while stationed in Germany. VA is required to make reasonable efforts to help a claimant obtain records relevant to his claim, whether or not the records are in Federal custody. See 38 U.S.C. § 5103A (b)(1) (2012); 38 C.F.R. § 3.159 (c)(1) (2018). Accordingly, an attempt should be made to obtain the Veteran’s entire personnel file. The Board further observes that there is no indication in the record that there has been an attempt to corroborate the Veteran’s reported Agent Orange exposure while stationed in Germany, with the JSRRC. As the Appellant has specifically alleged exposure to Agent Orange while the Veteran was serving in Germany from February 1963 to August 1965, the Board finds that an attempt should be made to verify the Veteran’s alleged Agent Orange exposure through the JSRRC. Further, a review of the Veteran’s service treatment records at separation note that the Veteran had stomach trouble during service. See June 1965 Report of Medical History. The Veteran was also diagnosed with distended bowel in December 1962. The Veteran also reported having nervous trouble while in service. See June 1965 Report of Medical History. A medical opinion has not been obtained to determine whether these disabilities are related to his diagnosed GERD disability. The Board notes that there is also evidence that the Veteran could have had the onset of a psychiatric disability in service. On his June 1965 Report of Medical History, he indicated nervous trouble and that he experienced shaking all the time. This was not noted on his entrance examination or his Report of Medical History from August 1962. It is thus unclear whether the Veteran had a psychiatric disability of service origin, and if so, whether it played a role in his death. The matters are REMANDED for the following action: 1. Contact the National Personnel Records Center (NPRC), or any other appropriate service department offices, to obtain the Veteran’s entire Official Military Personnel File (OMPF). Efforts to obtain the foregoing records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified by each Federal department or agency from whom they are sought and this should be documented for the record. 2. Notify the Appellant that she may submit lay statements from herself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of his exposure to Agent Orange or other herbicides, during his period of active duty in the in Germany from February 1963 to August 1965. 3. Thereafter, request that JSRRC, or other official source, investigate and attempt to verify the Veteran’s reports of alleged exposure to Agent Orange while stationed in Germany from 1963 to 1965. JSRRC must also be asked to provide the histories of the Veteran’s unit(s) during the time he served in Germany. If more detailed information is needed for this research, the Veteran should be given an opportunity to provide it. 4. Then, a medical opinion should be requested to determine whether it is at least as likely as not the Veteran had a gastrointestinal disability during his active military service. The examiner should opine whether it is at least likely as not the Veteran’s diagnosed GERD had an onset in service or is related to an injury or disease incurred in service. Specifically, the examiner is asked to comment on the Veteran’s complaints of stomach trouble and diagnoses of distended bowel during his active military service. Further, the examiner is asked to comment on whether the Veteran’s complaints of nervous trouble during his active military service could have caused or aggravated his diagnosed GERD disability. 5. Then, make arrangements for the claims file to be reviewed by an examiner for a medical opinion as to whether it is at least as likely as not that the Veteran had a psychiatric disability that had its onset during the Veteran’s active military service. The examiner must provide a medical opinion, with adequate rationale, as to whether it is at least as likely as not that the Veteran’s had a psychiatric disorder, that was caused by events experienced in service. The psychiatrist must specifically address the statements on his June 1965 Report of Medical History that reported nervous trouble. If it is determined that the Veteran has a psychiatric condition that had its onset or is related to his experiences in service, the examiner should provide an opinion as to whether it is at least as likely as not that the Veteran’s psychiatric condition impacted his ability to make decisions regarding his medical care, to include whether he failed to comply with a treatment regimen or was reluctant to seek medical care. If the examiner feels that a requested opinion cannot be rendered without resorting to speculation, the examiner should state why this is so. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Kalisse Anderson 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.