Citation Nr: 20011291
Decision Date: 02/11/20	Archive Date: 02/11/20

DOCKET NO. 15-07 502
DATE: February 11, 2020

REMANDED

Service connection for the cause of the Veteran's death is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1954 to January 1974. The Veteran died in December 2013.  The appellant claims as his surviving spouse.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

1. Service connection for the cause of the Veteran's death is remanded.

Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding this issue.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

Specifically, the September 2018 Board remand directed the RO to obtain a map from a reliable source of the U-Tapao Royal Thai Air Force Base in 1968 and 1969 that contains a scale of distance.  The RO obtained unit histories from the Joint Services Records Research Center (JSRRC) pertaining to the use of tactical herbicides and locations of specific points on the base.  Nonetheless, the JSRRC did not address whether a map was available that showed a scale of distance.  Remand is required to attempt to obtain such a map.

The matters are REMANDED for the following action:

1. Obtain a map from a reliable source of the U-Tapao Royal Thai Air Force Base in 1968 and 1969 that contains a scale of distance.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  If this is not possible, the reason must be documented. 

2. If upon completion of the above action any benefit sought on appeal remains denied, the case should be returned to the Board after compliance with appellate procedure.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Rocktashel, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.