Citation Nr: 21001305
Decision Date: 01/07/21	Archive Date: 01/07/21

DOCKET NO. 18-28 208A
DATE: January 7, 2021

REMANDED

Service connection for diabetes mellitus, type II, to include due to contended herbicide exposure, is remanded.

REASONS FOR REMAND

The Board remanded this matter in June 2019, for further development. In part, the Board remanded for additional development regarding the contended exposure to herbicide agents, to include obtaining information from the Veteran.

The Board is in receipt of the October 2020 Veteran representative’s brief requesting the Veteran be afforded one more opportunity to provide the requested information, and asked the Board for another remand of this matter.  Considering the contents of this brief, the Board finds that the duty to assist extends to seeking this information again.

If the Veteran furnishes the requested information, the information is to be reviewed and a determination is to be made whether herbicide exposure can be established on a direct or facts found basis. If such exposure cannot be established, the claim should be referred to the JSRRC coordinator to make a formal finding that sufficient information required to verify herbicide exposure does not exist. The claim may then be decided based on the evidence of record. 

The matter is REMANDED for the following action:

1. Send a letter to the Veteran and his representative informing the Veteran of the information and evidence necessary to substantiate the claim for service connection based on claimed exposure to herbicides, to include specific information regarding presumed herbicide exposure for Veterans with Thailand service, e.g., concerning perimeter duty. The letter should ask him to submit any evidence of duties that required him to be at or near the base perimeter while serving at U-Tapao RTAFB. Additionally, the Veteran should be asked to identify the approximate dates, locations, and nature of his alleged exposure to herbicides (e.g., Agent Orange) in Thailand. If there is insufficient data available to formulate a request within JSSRC guidelines, ask the Veteran to provide sufficient detail to submit a verification request of herbicide exposure in Thailand to JSRRC.

2. After completion of No. 1, attempt to verify the Veteran’s claimed exposure to herbicides to include referral to the JSRRC coordinator to make a formal finding. Any response from JSRRC (positive or negative) should be associated with the claims file.  

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Ottley III

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.