Citation Nr: 20038031 Decision Date: 06/03/20 Archive Date: 06/03/20 DOCKET NO. 15-38 728 DATE: June 3, 2020 REMAND Entitlement to service connection for prostate cancer, to include as due to herbicide exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1967 to May 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. A Board hearing was conducted via videoconference with the RO in San Diego, California. A transcript of this hearing is contained within the electronic claims file. See October 23, 2018, Hearing Transcript (Tr.). The Board previously denied this claim, finding that the Veteran was not exposed to herbicides during service; nor that his prostate cancer occurred during service. See April 9, 2019 Board Decision at 4–6. The Veteran appealed that determination to the United States Court of Appeals for Veterans Claims (Court). The Office of the General Counsel for VA and the Veteran (collectively referred to as “the Parties”) resolved that appeal by way of a Joint Motion for Remand (JMR) in November 2019. The Parties agreed that VA did not fulfill its duty to assist when it failed to ensure that relevant federal records were associated with the claims file. Specifically, the Parties agreed that a June 18, 2015, Personnel Information Exchange System (PIES) request for the Veteran’s records regarding his participation in the 773rd airlift squadron ultimately went unanswered. See November 18, 2019, JMR at 2. Because this information could have led to information to substantiate the Veteran’s presence in Vietnam and, consequently, his exposure to herbicides, VA has a duty to obtain these records. By Order, dated December 4, 2019, the Court adopted the Parties’ JMR and remanded the appeal back to the Board to act consistent with the JMR. Thus, the Board finds that remand is unavoidable so that VA may attempt to obtain the previously requested records regarding the Veteran’s service in the 773rd airlift squadron. See38 C.F.R. § 3.159(c)(2). The matters are REMANDED for the following action: 1. Contact the JSRRC, or other appropriate entity, to obtain any outstanding military personnel records for the Veteran as part of his participation in the 773rd airlift squadron to verify whether he flew C-130 aircraft from Clark Air Force Base in the Philippines to Tan Son Nhut, Vietnam. 2. Conduct any other development deemed necessary and then readjudicate the Veteran’s claim. The Veteran has the right to submit additional evidence and argument on the matter that the Board has remanded. See Kutscherousky v. West, 12 Vet. App. 369, 372 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded for additional development or other appropriate action by the Board or the Court must be handled in an expeditious manner. 38 U.S.C. §§ 5109B, 7112. [SIGNATURE ON NEXT PAGE] JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Trevor T. Bernard, 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.