Citation Nr: 21001954 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 19-00 404 DATE: January 12, 2021 REMANDED Entitlement to service connection for a heart disability, to include coronary artery disease and heart murmur, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from April 1958 to April 1960, with service in Korea from October 1958 to October 1959. The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in November 2020. A transcript of the hearing has been associated with the record. Entitlement to service connection for a heart disability, to include coronary artery disease and heart murmur, is remanded. The Veteran asserts that he developed a heart disability as a result of his exposure to herbicide agents while serving in Korea near the Demilitarized Zone (DMZ). VA laws and regulations provide that, if a Veteran was exposed to herbicide agents during service, certain listed diseases, including coronary artery disease, are presumptively service connected. 38 U.S.C. § 1116(a)(1); 38 C.F.R. § 3.309(e). Effective January 1, 2020, under the Blue Water Navy Act of 2019, VA enumerated presumptive exposure to herbicides for veterans serving in the Korean Demilitarized Zone (DMZ) from September 1, 1967 to August 31, 1971. 38 U.S.C. § 1116B. The Veteran’s service in Korea ended in October 1959, prior to this period. An October 2016 VA memorandum reflects that there was insufficient information to send this matter to the United States Joint Services Records Research Center (JSRRC) to research the case any further. The memorandum noted that the Veteran did not serve in Korea during the period which Agent Orange exposure has been presumed for Korea DMZ service. At the November 2020 hearing, the Veteran testified that he went on maneuvers close to the DMZ during his service in Korea, and that he believes he was exposed to herbicide agents during this time. The Veteran has submitted a Korean newspaper article that suggests that there was aerial spraying of defoliant in the DMZ during the 1960’s and as early as 1955. Although the Veteran served in Korea outside of the presumptive time period prescribed by 38 U.S.C. § 1116B, the Veteran can still prove exposure to herbicide agents on a facts-found basis. The AOJ should seek confirmation from the JSRRC for verification of the Veteran’s exposure to herbicide agents, to include proximity to the DMZ. The Board notes that the Court of Appeals of Veteran’s Claims has ruled that the VA’s duty to assist is not bound by the JSRRC’s 60-day limitation for stressor verification requests, and the fact that multiple records searches would burden JSRRC employees does not mean that those efforts would be futile. See Gagne v. McDonald, 27 Vet. App. 397 (2015). The matters are REMANDED for the following action: 1. Attempt to verify the Veteran’s asserted in-service exposure to herbicide agents. If more details are needed, contact the Veteran to request the information. If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the Veteran of VA’s inability to verify the in-service herbicide agent exposure. (a.) If it is necessary to submit multiple requests spanning 60-day timeframes during the Veteran’s service in Korea, then such requests should be submitted. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Casey 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.