Citation Nr: 21004591
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 16-10 363
DATE: January 27, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the Air Force from April 1971 to December 1978, which included service in Thailand during the Vietnam Era.  

The Board denied the claim on appeal in May 2019.  The Veteran appealed that determination to the Court of Appeals for Veterans Claims (CAVC).  Pursuant to a Joint Motion for Remand (JMR), in an August 2020 Order, CAVC vacated and remanded the matter back to the Board.

1. Entitlement to service connection for prostate cancer as due to exposure to tactical herbicide agents is remanded.

The Veteran claims that he was exposed to tactical herbicide agents during his service in Thailand.  VA has recognized that there was significant use of herbicides on the fenced-in perimeters of military bases in Thailand intended to eliminate vegetation and ground cover for base security purposes as evidence in the Project CHECO Southeast Asia Report: Base Defense in Thailand (CHECO Report).  The Veteran specifically notes that he served in Thailand from September 1972 to September 1973, with service at the Nakhon Phanom Royal Thai Air Force Base (RTAFB).  A review of the personnel records confirms service at Nakhon Phanom RTAFB, as well as TDY service at the Ubon RTAFB in March and July 2013.  

In a January 2014 memo, the AOJ concluded that it did not have enough information to corroborate the Veteran’s claimed herbicide exposure.  The AOJ also concluded that it did not have enough information to submit a request to the U.S. Army and Joint Services Research Records Center (JSRRC) to attempt to corroborate the claimed herbicide exposure.

In the JMR, the parties agreed that the Board failed in its duty to assist when it failed to remand and order another attempt to verify the Veteran’s herbicide exposure with the JSRRC after the Veteran submitted a February 2014 statement clarifying the circumstances of his service.  Thus, the matter is remanded consistent with the JMR and CAVC Order.  

The matters are REMANDED for the following action:

1. Attempt to verify the Veteran’s claimed exposure to tactical herbicide agents in relation to service in Thailand during the Vietnam Era.  Any response from the JSRRC (positive or negative) should be associated with the claims file.  If insufficient data is available to formulate a request within JSSRC guidelines, a memorandum to that effect should be prepared and associated with the claims file.

 

 

C. TRUEBA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joseph R. Keselyak, 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.