Citation Nr: 20052903 Decision Date: 08/10/20 Archive Date: 08/10/20 DOCKET NO. 16-47 336 DATE: August 10, 2020 REMANDED Entitlement to service connection for body cramps, to include as due to herbicide and/or dioxin exposure, is remanded. Entitlement to service connection for hypertension, to include as due to herbicide and/or dioxin exposure, is remanded. Entitlement to service connection for diabetes mellitus, to include as due to herbicide and/or dioxin exposure, is remanded. Entitlement to service connection for Parkinson's disease, to include as due to herbicide and/or dioxin exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1968 to January 1972. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in May 2019. A transcript of the hearing is associated with the electronic claims file. 1. Entitlement to service connection for body cramps, to include as due to herbicide and/or dioxin exposure is remanded. 2. Entitlement to service connection for hypertension, to include as due to herbicide and/or dioxin exposure is remanded. 3. Entitlement to service connection for diabetes mellitus, to include as due to herbicide and/or dioxin exposure is remanded. 4. Entitlement to service connection for Parkinson's disease, to include as due to herbicide and/or dioxin exposure is remanded. At his May 2019 hearing, the Veteran testified to private records regarding the above listed conditions that have not yet been obtained. Accordingly, remand is warranted to update the record. The Board also notes that at his May 2019 hearing, the Veteran provided a thumb drive of evidence in support of his claim, noting that it was likely upwards of 3000 pages. After the hearing, evidence was downloaded into the Veteran’s file, including the Veteran’s January 2017 written statement read into the record at the hearing, medical evidence pertaining to kidney stones, photographs, a December 2018 statement to VA’s Secretary from J.B., Executive Director of a military advocacy group, DD Form 710s, Water Quality Reports, maps, information pertaining to “EPA Site 27” and “EPA Site 26”, and the November 2018 GAO-19-24 report, but this evidence consists of only approximately 150 pages. Thus, remand is also warranted to obtain a copy of any other evidence. Finally, the Board notes that the record contains an August 1, 2014 formal finding by VA of lack of information to determine that the Veteran was exposed to herbicides while stationed at Anderson Air Force Base in Guam. The Veteran testified and provided additional evidence regarding his alleged herbicide exposure, including providing a copy of the November 2018 Report to Congressional Addresses from the Government Accountability Office (GAO) regarding Agent Orange and Actions Needed to Improve Accuracy and Communication of Information on Testing and Storage Locations. The Board also notes that the Veteran testified that Anderson AFB was designated as a superfund site by the Environmental Protection Agency (EPA). Accordingly, the Board finds that VA should once again request the Joint Services Records Research Center (JSRRC) attempt to verify any herbicide and/or dioxin exposure based on the Veteran’s additional evidence. The EPA’s Guam Program Manager should be contacted as well. The matters are REMANDED for the following action: 1. Ask the Veteran to identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who treated him from discharge until the present for the claimed disabilities. With any necessary authorization from the Veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the Veteran which have not previously been secured. Specifically, these should include the names, dates, and addresses of the private treatment providers he discussed at his May 2019 hearing [Florence family Clinic; records in New Mexico (for hypertension); Dr. Fillingane (for diabetes); and St. Dominic-Jackson Memorial Hospital in Jackson, Mississippi]. Failures to respond or negative replies should be associated with the file. 2. Contact the Veteran and request a copy of records contained on the thumb drive he presented at the May 2019 Board hearing to upload into the electronic claims file. 3. Contact the JSRRC and the EPA’s Guam Program Manager and request verification of the Veteran’s claimed herbicide and/or dioxin exposure exposure while he was stationed at the Anderson AFB in Guam. All additional records, reports, testing results, and studies provided by the Veteran in support of his claim, including the November 2018 GAO-19-24 report and the Veteran’s January 23, 2017 statement (see record uploaded at “05/09/2019 Correspondence”) should also be reviewed. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Ruiz, 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.