Citation Nr: 20030149 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 20-11 026 DATE: April 29, 2020 REMANDED Entitlement to service connection for erectile dysfunction, to include due to herbicide exposure is remanded. Entitlement to service connection for an eye condition, to include due to herbicide exposure is remanded. Entitlement to service connection for a heart condition, to include due to herbicide exposure is remanded. Entitlement to service connection for a skin condition, to include due to herbicide exposure is remanded. Entitlement to service connection for diabetes mellitus, type II, to include due to herbicide exposure is remanded. Entitlement to service connection for diabetic peripheral neuropathy of the right lower extremity, to include due to herbicide exposure is remanded. Entitlement to service connection for diabetic peripheral neuropathy of the left lower extremity, to include due to herbicide exposure is remanded. REASONS FOR REMAND The Veteran had active duty from November 1974 until April 1977. These matters come to the Board of Veterans' Appeals (Board) from an August 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran contends that during his military service he had temporary duty assignments aboard Fort McClellan, Alabama and Gulfport, Mississippi. (See April 2017 Veteran Statement). The Board notes that May 1976 Special Orders reflect the Veteran being temporarily assignment to the Project Management Chemical Demilitarization and Installation Restoration Army Community Service on Fort McClellan, Aniston, Alabama. In a July 2019 Memorandum, VA concluded that the May 1976 Special Orders submitted by the Veteran was “uncertified”. However, VA did not provide the legal basis in which such requirement that documents submitted by the Veteran must be certified in order to support a claim. Without making a factual determination that the Veteran was exposed to herbicides during his active service, the Board does find that the Veteran was temporarily assigned to Fort McClellan. Further, the Board notes the October 2017 Department of Defense Memorandum stating that tactical herbicides, to include Agent Orange, were never used, tested, transported through, or stored on Fort McClellan. However, the Veteran and his representative have contended that herbicides as defined in 38 C.F.R. § 3.307 were used on or around Fort McClellan. (See December 2017 Correspondence). Importantly, 38 C.F.R. § 3.307 does not provide a requirement that herbicide exposure be that of so called “tactical herbicides”. Rather, the regulation specifically notes 2,4-D; 2,4,5-T and its contaminants TCDD; cacodylic acid; and picloram as to be considered herbicide agents. (See 38 C.F.R. § 3.307(a)(6)). Importantly, the regulations do not distinguish whether such herbicides be “tactical” or “commercial” in nature. Moreover, the Veteran has specifically alleged exposure to chemicals such as PCBs, chemical warfare agents, TCE, and PCE. As such, the Board finds that further development is necessary regarding herbicide use, transportation, and or storage on Fort McClellan, Alabama. Additionally, Board notes that the Veteran was not provided VA medical examinations and opinions in regard to the claimed conditions. VA's duty to assist requires it to provide an adequate medical examination and/or obtain a medical opinion if the evidence is not sufficient to decide the claim. However; in order for the duty to assist to be triggered, the following must be present: (A) competent lay or medical evidence of a current disability, persistent, or recurrent symptoms of a disability, (B) evidence establishing the Veteran suffered an event, injury, or disease or symptoms of a disease, and (C) evidence indicating that the claimed disability or symptoms may be associated with the established event, injury, or disease in service. 38 C.F.R. § 3.159 (c)(4)(i). The Board finds that the requirements have been met in order to trigger the VA's duty to assist for the reasons stated below. The matters are REMANDED for the following action: 1. The AOJ must contact the U.S. Army and Joint Services Records Research Center (JSRRC), the National Personnel Records Center (NPRC) and/or any other appropriate depository and attempt to verify whether the Veteran was exposed to chemicals (to include herbicides as defined under 38 C.F.R. § 3.307(a)(6), PCBs, chemical warfare agents, TCE, and PCE.) while on temporary duty on Fort McClellan, Alabama from May 5, 1976, to May 23, 1976. The AOJ should inform the JSRRC that, during this time, the Veteran was assigned to Project Management Chemical Demilitarization and Installation Restoration Army Community Service. The AOJ should further obtain relevant information associated with Project Management Chemical Demilitarization and Installation Restoration Army Community Service regarding herbicides and/or hazardous chemicals. 2. Schedule the Veteran for examinations with appropriate clinicians to determine the nature and etiology of the Veteran's claimed conditions. The examiner(s) must opine as to whether it is at least as likely as not any currently diagnosed 1) diabetes mellitus, 2) peripheral neuropathy of the right and/or left lower extremity, 3) erectile dysfunction, 4) a heart condition, 5) an eye condition, or 6) a skin condition related to an in-service injury, disease, or event, or as secondary to another diagnosed condition. All opinions should include a complete rationale. The examiners must consider the entire claims file. 3. Then, readjudicate the claims on appeal. If any benefit sought remains denied, issue a supplemental statement of the case and, after an appropriate period for response, return the appeal to the Board for further consideration. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brandon A. Williams, 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.