Citation Nr: 21004191
Decision Date: 01/26/21	Archive Date: 01/26/21

DOCKET NO. 13-07 250
DATE: January 26, 2021

REMANDED

Entitlement to service connection for diabetes mellitus, to include as due to exposure to herbicide agents, is remanded.  

Entitlement to service connection for prostate cancer, to include as due to exposure to herbicide agents, is remanded.  

Entitlement to service connection for a skin disorder, to include as due to exposure to herbicide agents, is remanded.  

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Air Force from May 1973 to June 1994.

These matters come to the Board of Veterans’ Appeals (Board) on appeal from October 2010 and January 2012 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office in Louisville, Kentucky.

The issues on appeal were most recently before the Board in September 2019, when they were remanded to the agency of original jurisdiction (AOJ) for additional development.  

1. Entitlement to service connection for diabetes mellitus, to include as due to exposure to herbicide agents.  

2. Entitlement to service connection for prostate cancer, to include as due to exposure to herbicide agents.  

3. Entitlement to service connection for a skin disorder, to include as due to exposure to herbicide agents.  

It appears that the issues on appeal were prematurely returned to the Board’s docket.  The AOJ has not yet readjudicated the issues on appeal subsequent to the September 2019 remand.  See 38 C.F.R. § 19.31(c).  As such, the case must be returned to the AOJ.

These matters are REMANDED for the following action:

After completing any remaining action on the directives contained in the Board’s September 2019 remand, and any other development as may be indicated, the issues on appeal should be readjudicated based on the entirety of the evidence.  If any benefit sought remains denied, the Veteran should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	 A. Smith, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.