Citation Nr: 21062522 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 18-13 998 DATE: October 7, 2021 REMANDED Entitlement to service connection for squamous cell carcinoma of the vocal cords, to include as due to exposure to contaminated water at Camp Lejeune, is remanded. Entitlement to service connection for a gastroesophageal disorder, to include gastroesophageal reflux disorder (GERD), hiatal hernia, and Barrett's esophagus, to include as due to exposure to contaminated water at Camp Lejeune, is remanded. Preliminary Matters The Veteran had honorable active duty service with the United States Marine Corps from January 1960 to January 1964. This matter is before the Board of Veterans' Appeals (Board) on appeal from a December 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the issues on appeal for further development in August 2019, July 2020, and April 2021. The issues have returned to the Board. REASONS FOR REMAND Although further delay is regrettable, the Board finds that a remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. 1. Entitlement to service connection for squamous cell carcinoma of the vocal cords, to include as due to exposure to contaminated water at Camp Lejeune, is remanded. See Argument Below 2. Entitlement to service connection for a gastroesophageal disorder, to include GERD, hiatal hernia, and Barrett's esophagus, to include as due to exposure to contaminated water at Camp Lejeune, is remanded. Following the April 2021 Board remand, in a September 2021 informal hearing presentation (IHP), the Veteran's representative indicated that the Veteran was exposed to asbestos during his acknowledged service in Camp Lejeune, suggesting that the claimed disabilities are related to the alleged in-service asbestos exposure. In light of the new theory raised in the September 2021 IHP, the Agency of Original Jurisdiction (AOJ) therefore must take appropriate action to determine whether the Veteran was exposed to asbestos during his service, to specifically include seeking information as to whether his service duties involved working with or near asbestos during his time at Camp Lejeune. If it is determined that the Veteran was exposed to asbestos during his service, an opinion then will be needed to determine the likelihood that his claimed disabilities are the result of exposure to asbestos during service. On remand, the AOJ should make appropriate efforts to ensure that all pertinent private treatment records and any updated VA records are associated with the claims file. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding VA and private treatment records that are not already associated with the claims file. If any record identified cannot be obtained, the Veteran and his representative should be notified of this in writing, to include all efforts taken by VA to attempt to obtain any such record. The Veteran should also be offered the option to provide any such record himself. 2. Conduct appropriate development to verify any potential exposure to asbestos during the Veteran's service, to include seeking information as to whether his duties or responsibilities in service involved working with or near asbestos during his time at Camp Lejeune. 3. If asbestos exposure during service is confirmed, obtain the following medical opinions from an appropriate clinician: (a) Whether it is at least as likely as not that the Veteran's squamous cell carcinoma is the result of that exposure to asbestos during service. (b) Whether it is at least as likely as not that the Veteran's GERD/hernia/Barrett's esophageus is the result of that exposure to asbestos during service. If the examiner designated to provide these opinions needs to examine the Veteran, then schedule the examination and appropriately notify the Veteran of it. A complete rationale must be provided for all opinions offered. If an opinion cannot be offered without resort to mere speculation, the examiner must fully explain why this is the case and identify what additional evidence, if any, would allow for a more definitive opinion. 4. After completing all indicated development, the Veteran's claims should be readjudicated based on the entirety of the evidence. If any benefit sought on appeal is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Y. MacDonald, 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.