Citation Nr: 20005447 Decision Date: 01/22/20 Archive Date: 01/22/20 DOCKET NO. 17-38 423 DATE: January 22, 2020 REMANDED Service connection for malignant neoplasms of the bladder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from February 1964 to February 1968, to include foreign and/or sea service. For his meritorious service, he was awarded (among other decorations) the Vietnam Service and Campaign Medals. This appeal was previously stayed pursuant to a directive by the Board of Veterans’ Appeals to stay adjudication of all cases which may be affected by the Blue Water Navy Vietnam Veterans Act of 2019 (BWN Act), until its effective date (January 1, 2020). Although the Board sincerely regrets the additional delay this will cause, further development is necessary prior to the adjudication of this appeal. In his October 2016 Notice of Disagreement (NOD), the Veteran reported both VA and private medical treatment relevant to this appeal. It does not appear that a complete copy of these records has been requested or otherwise obtained. As such, a remand is now warranted to allow for such efforts. Next, the Veteran contends that the claimed condition is causally related to herbicide exposure during service aboard the USS Oriskany from approximately 1965 to 1966. The BWN Act extends the presumptive provisions of §1116 to veterans who served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. See VAOPGCPREC 3-2019 at 2, 12; BWN Act, Pub. L. No. 116-23, Sec. 2(a). As such, development must now be undertaken to determine whether the Veteran’s sea service qualifies for the presumptive provisions established by the BWN Act. While bladder cancer is not a disability for which presumptive service connection is available as associate with herbicide agent exposure, the Veteran has submitted a letter from his private physician relating his disability to herbicide agent exposure. 38 C.F.R. § 3.309(e). A VA examination and opinion are required for that point. Finally, in contrast, bladder cancer is a disability presumptively related to exposure to contaminated water at Camp Lejeune. 38 C.F.R. § 3.309(f). The assembled documents at this point do not show that the Veteran had service at Camp Lejeune during his active service. His complete service personnel records have not been obtained, however, so such service cannot be ruled out at this point. On remand, the Veteran’s complete service personnel records must be obtained. The matter is REMANDED for the following actions: 1. Obtain and associate with the record all VA treatment records for the Veteran spanning the period on appeal, particularly from the Castle Point VA Medical Center and records pertaining to the diagnosis/treatment of malignant neoplasms of the bladder. All actions to obtain the requested records should be fully documented in the record. If they cannot be located or no such records exist, the Veteran and his representative should be so notified in writing. 2. With any necessary assistance from the Veteran, contact all private providers of treatment for his malignant neoplasms of the bladder and request a copy of their records. All actions to obtain the requested records should be fully documented in the record. The RO must make two attempts to obtain any private records identified, unless the first attempt demonstrates that further attempts would be futile. 3. Obtain the Veteran’s complete service personnel records to determine whether he had qualifying service at Camp Lejeune for purposes of presumptive service connection. 4. Conduct all necessary development to determine the dates of the Veteran’s service aboard the USS Oriskany, particularly between 1965 and 1966. Thereafter, undertake any necessary development to determine whether the Veteran’s duties aboard the USS Oriskany took him within the 12 nautical mile zone of the Republic of Vietnam. Such action may include obtaining and reviewing the deck logs of the USS Oriskany for the years of 1965 and 1966 to ascertain its whereabouts during the Veteran’s period of service, conducting an inquiry with the JSRRC, and any other development deemed appropriate. All efforts in this regard should be clearly documented in the claims file. 5. Schedule the Veteran for VA examination to assess the nature and etiology of the claimed disorder. The claims file and a copy of this remand must be made available for review, and the examination report must reflect that review of the claims file occurred. In particular, the examiner should offer opinions as to the following: (a.) Whether the Veteran demonstrated malignant neoplasms of the bladder, or the residuals thereof, at any time during the period on appeal; (b.) If so, indicate whether it is at least as likely as not that the disorder began in service, was caused by service, or is otherwise related to service, including in-service exposure to herbicide agents. Here, the examiner must explicitly address a February 2016 private treatment letter indicative of a link in this case. The examiner may not offer a negative opinion solely on the basis that bladder cancer is not a disease presumptively related to herbicide agent exposure. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Kovarovic, 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.