Citation Nr: 20030698 Decision Date: 04/30/20 Archive Date: 04/30/20 DOCKET NO. 16-61 546 DATE: April 30, 2020 REMANDED Entitlement to service connection for prostate cancer is remanded. Entitlement to service connection for peripheral neuropathy of the right and left upper extremities is remanded. Entitlement to service connection for peripheral neuropathy of the right and left lower extremities is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1966 to September 1968. The Veteran appeared at a Board hearing in March 2020; a transcript is of record. 1. – 5. Prostate cancer, peripheral neuropathy of the right and left upper and lower extremities The Veteran contends his disabilities are due to herbicide agent exposure in the Korean Demilitarized Zone (DMZ). Additionally, according to the Veteran, a doctor told him he may develop nerve problems due to possible frostbite in the DMZ in January 1968. The Veteran’s VA Form 9 reports that he had neuropathy and prostate cancer since 1973. Prostate cancer and early-onset peripheral neuropathy are diseases associated with exposure to certain herbicide agents. See 38 C.F.R. § 3.309. While it does not seem in the Veteran’s case that peripheral neuropathy manifested within one year, as required by 39 C.F.R. § 3.307(a)(6), the Veteran may still establish service connection on a direct basis. Further, he has contended that it is possible that he had frostbite in service and that caused neuropathy. A veteran who, during active military, naval, or air service, served between April 1, 1968 and August 31, 1971, in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. See 38 C.F.R. § 3.307(a)(6)(iv). The Veteran’s personnel records show service in Korea from August 1967 to September 1968. He was assigned to 7th Medical Battalion of the Seventh Infantry Division during the relevant period. While the Veteran's assigned unit is not listed as having been exposed to herbicides, on the Veteran’s VA Form 9 and at the Board hearing, the Veteran reported that he was a field medic, was attached to the infantry, and was sent to the DMZ multiple times. At one point, he was in the DMZ during a firefight and chemicals were dropped from helicopters and the Veteran and others were told to don gasmasks. Additional development action is warranted when a veteran was not specifically assigned to one of the enumerated units but alleges herbicide agent exposure in Korea. Specifically, the RO should send a request to the U.S. Army and Joint Services Records Research Center (JSRRC) (or other appropriate organization) for verification of exposure to herbicide agents. This has not been done here. The matters here should therefore be remanded for referral to the JSRRC. At his Board hearing, the Veteran contended he has been diagnosed with upper extremity neuropathy in 2012. An October 2012 private treatment indicates that the Veteran has axon-losing peripheral neuropathy of the lower extremities. An April 2016 VA physical examination found the Veteran’s neurological system was normal, with strength of 5/5 both upper and lower. However, at the hearing, the Veteran’s representative stated that there may be outstanding medical relevant records documenting upper extremity neuropathy. The Veteran will have opportunity to supply such records on remand. Finally, the Veteran’s August 1968 separation examination is blank for the clinical evaluation sections. His report of medical history at separation in August 1968 contains a yes response for foot problems, but no explanation is given in the summary section. Given the above and allegation of possible frostbite in service, an examination for the extremities is warranted. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for any treatment for neuropathy of the upper extremities. 2. Make appropriate requests to the JSRRC for verification of the Veteran’s reported herbicide agent exposure in the Korean DMZ (discussed further in the body of the remand above) in accordance with internal guidelines. 3. Schedule an examination for the claimed upper and lower right and left extremity peripheral neuropathy. All indicated evaluations, studies, and tests deemed necessary must be accomplished and all findings reported in detail. The examiner must provide a rationale for each opinion given. If disabilities are found to exist, the   examiner should provide an opinion regarding whether any disability is at least as likely as not due to service. The Veteran contends that peripheral neuropathy is either due to possible herbicide agent exposure in the Korean DMZ or due to possible frostbite in service, also in the Korean DMZ. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Yoffe, 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.