Citation Nr: 20021279
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 13-34 986
DATE: March 25, 2020

REMANDED

Entitlement to service connection for a heart disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Army from February 1979 to November 1985, and from January 1991 to March 1991. He also had service in the Reserves.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 rating decision of a VA Regional Office (RO). This case was most recently remanded by the Board in April 2019 for the RO to obtain SSA records relevant to the Veteran’s claim. The Board finds that the RO substantially complied with these instructions.

1. Entitlement to service connection for a heart disability is remanded.

The Veteran asserts that he suffers from a heart condition as a result of his active service.

In an April 2018 lay statement, the Veteran asserted that he was exposed to hazardous chemicals during his active service and that these chemicals may have caused his heart condition.

The Veteran has not been afforded a VA examination addressing this theory of causation. Accordingly, this claim must be remanded for additional record development and for an additional VA examination.

The matters are REMANDED for the following action:

1. Make efforts to obtain all outstanding medical records in accordance with the duties set forth in 38 C.F.R. § 3.159(c).

2. The AOJ should request from the Veteran the approximate dates, location, and nature of the alleged chemical exposure. Then refer the case to the Joint Services Records Research Center (JSRRC) and any other relevant agencies for verification of exposure to chemicals.

If exposure to chemicals is not corroborated, the Agency of Original Jurisdiction (AOJ) should prepare a formal finding that sufficient information required to verify chemical exposure does not exist.

3. Schedule the Veteran for an appropriate VA examination to determine the nature, onset, and likely etiology of any heart disability. The relevant documents in the record should be made available to the examiner, including a copy of this Remand and the examiner shall indicate in the report that the claims file was reviewed. All indicated studies should be performed. The examiner should address the following:

(a.) Identify all diagnosable heart or related disabilities present currently or at any point during the period on appeal.

(b.) For each diagnosed condition, opine as to whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s disability arose during or a result of his active service.

(c.) Is it at least as likely as not (a 50 percent or greater probability) that any claimed heart disability was caused by the Veteran’s alleged in-service chemical exposure?

The examiner must provide a complete rationale for any opinion given.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Hicks, Associate 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.