Citation Nr: 21062710 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 18-06 483 DATE: October 12, 2021 REMANDED Service connection for diabetes mellitus, type II (DMII) is remanded. A compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1968 to June 1970. In April 2021, the Veteran testified before the undersigned Veterans' Law Judge. A copy of the transcript is associated with the record. Service connection for DMII The term "herbicide agent" means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975 (the Vietnam Era), specifically: 2,4-D; 2,4,5-T and its contaminant TCDD; cacodylic acid; and picloram. 38 C.F.R. § 3.307 (a)(6). The United States Department of Defense has confirmed that herbicides were used within the Thailand bases to control weeds from February 28, 1961, to May 7, 1975, at base perimeters. The majority of troops in Thailand during the Vietnam Era were stationed at the Royal Thai Air Force Bases (RTAFB) of U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang. If a veteran served on one of these air bases as a security policeman, security patrol dog handler, member of a security police squadron, or otherwise served near the air base perimeter, as shown by MOS (military occupational specialty), performance evaluations, or other credible evidence, then herbicide exposure should be acknowledged on a facts-found or direct basis. This applies only during the Vietnam Era. Additionally, regulations create a presumption of service connection for certain diseases found to be associated with exposure to a herbicide agent such as that used in Agent Orange. See 38 U.S.C. §§ 1113, 1116; 38 C.F.R. §§ 3.307(d), 3.309(e). The Veteran's military personnel record shows he was stationed at a RTAFB from June 1969 to June 1970. His military occupational specialty (MOS) was a mechanic. In his April 2021 hearing, the Veteran testified that due to his MOS he was required to work on military vehicles close to the perimeter both on and off base. He stated that he worked off base and was required to cross the perimeter of the base; he reported that almost 50 percent of his day while stationed at the base was his working outside the fence of the base. Additionally, the Board notes that the Veteran's military personnel record has an indication that the Veteran did have boots on the ground in the Republic of Vietnam. See September 2013 Department of Veteran's Affairs Response to Request for Information. Based on the foregoing, the Board finds that resolving any reasonable doubt in favor of the Veteran, he was exposed to herbicides while in-service. DMII is a condition which is afforded presumptive service connection if a Veteran has conceded exposure to herbicides while in-service. 38 C.F.R. §§ 3.307 (d), 3.309(e). In this matter, while the Veteran has stated he was diagnosed with DMII, and his medical record shows he reported a positive DMII diagnosis, there are no records which actually confirm that the Veteran has been diagnosed with DMII. Thus, while the Board has determined that the Veteran was exposed to herbicides while in-service, remand is necessary to confirm that the Veteran has a diagnosis of DMII. Higher Rating for Bilateral Hearing Loss In his April 2021 hearing the Veteran testified that his hearing loss had increased in severity. His last VA examination regarding his bilateral hearing loss was in October 2015. A new examination is warranted. The matters are REMANDED for the following action: 1. Contact the Veteran and afford him the opportunity to identify by name, address, and dates of treatment or examination any relevant private medical treatment records for his DMII and to identify any and all VA facilities where he received treatment. After securing the proper authorizations where necessary, arrange to obtain all the records of treatment or examination from all the sources listed by the Veteran that are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making two efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. Obtain current VA treatment records from any facility listed or identified by the Veteran. 2. Schedule a VA examination to determine the current severity of the Veteran's bilateral hearing loss disability. The results of audiological testing must include, in numeric decibels, the puretone thresholds at 1000, 2000, 3000, and 4000 Hertz and must provide the speech recognition scores using the Maryland CNC test. The audiologist must also describe the effect of the Veteran's hearing loss on his occupational functioning and daily activities. The Veteran's April 2021 hearing testimony regarding the severity and impact of his hearing loss should be considered. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish, 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.