Citation Nr: 21067393 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 16-59 619 Date: November 4, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran honorably served in the United States Army from January 1962 to January 1965. The Veteran served during the Vietnam era. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a January 2016 rating decision issued by a Department of Veteran's Affairs (VA) Regional Office (RO). The Veteran passed away on October [REDACTED], 1999 and an original death claim was received on June 11, 2015. 1. Entitlement to service connection for cause of death. The Veteran was not service connected for any condition prior to death. The Veteran's final hospital summary recorded that the Veteran's final diagnosis was terminal stomach cancer and Hodgkin's disease with multi-organ failure and obstructive jaundice. The appellant claims that the Veteran was exposed to herbicide agents during service at Fort Dix in New Jersey. The appellant alleges that the Veteran's stomach cancer and Hodgkin's disease with multi-organ failure was caused by herbicide agent exposure. The Board finds that the Veteran did serve during the Vietnam Era; however, the Veteran never traveled to Vietnam. Specifically, the appellant has alleged that the Veteran was exposed to Agent Orange while serving at Fort Dix, New Jersey from January 14, 1962, to March 23, 1962. The appellant cited to resources suggesting that there was a mock Vietnamese Village where soldiers trained under simulated Vietnamese conditions. It is her contention that because the situation was designed to simulate Vietnam then it is possible that Agent Orange was used at this facility. The appellant further asserted that there are still many hazardous substances present at Fort Dix and that the Veteran could have been exposed to these chemicals. The appellant also submitted a statement asserting that the Veteran served at Fort Tilden, New York from April 6, 1962, to January 11, 1965. She argued that the Veteran, while serving on the 5th Missile Battalion, was exposed to nuclear materials and other hazardous chemicals. The claim that herbicidal agents were stored and transported from Fort Dix in New Jersey has not been fully developed by the RO. Specifically, the record does not reflect that the RO has taken the appropriate steps to confirm exposure to (or lack thereof) to such agents. The Board finds that a remand is necessary to determine whether the Veteran was in fact exposed to herbicide agents during service and whether the Veteran's stomach cancer and Hodgkin's disease with multi-organ failure was caused by or related to herbicide exposure. Examination is further necessary to obtain a medical opinion as to the etiology of the Veteran's disabilities that resulted in his death if there is any corroboration regarding the appellant's contentions of exposure to herbicidal agents, nuclear materials or other hazardous chemicals while service at Fort Dix, New Jersey or Fort Tilden, New York. The matters are REMANDED for the following action: 1. Obtain any outstanding medical treatment records and associate them with the claims file. 2. Undertake all necessary search requests to determine whether the Veteran was exposed to herbicidal agents during active duty service as alleged by the appellant specifically during his time at Fort Dix, New Jersey or Fort Tilden, New York. In addition, perform any further necessary development to verify the appellant's assertions of exposure to nuclear materials or other hazardous chemicals. Any and all positive AND negative responses must be associated with the claims file. 3. If and only if any of the above reported exposure is verified, obtain a medical opinion from an appropriate medical professional skilled in the diagnosis and treatment of stomach cancer and Hodgkin's disease with multi-organ failure for consideration of the claim for service connection of cause of death; and specifically, whether the Veteran's stomach cancer and Hodgkin's disease with multi-organ failure materially or substantially contributed to the cause of death. The examiner is also asked to opine whether the Veteran's stomach cancer and Hodgkin's disease with multi-organ failure was at least as likely as not (50 percent or more probability) caused by military service specifically, any verified exposure to herbicidal agents, nuclear materials or other hazardous chemical agents. A detailed rationale supporting the examiner's opinions should be provided. In forming the opinions, the examiner must consider all lay statements of record. If the examiner feels that the requested opinions cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required or the examiner does not have the needed knowledge or training). Jones v Shinseki, 23 Vet. App. 382 (2010). The examiner is reminded that the term "as likely as not" does not mean "within the realm of medical possibility," but rather that the evidence of record is so evenly divided that, in the examiner's expert opinion, it is as medically sound to find in favor of the proposition as against it. CONTINUED ON NEXT PAGE 4. Upon completion of the above, the Agency of Original Jurisdiction (AOJ) should prepare a Supplemental Statement of the Case (SSOC). If the issue remains denied the claim is to be returned to the Board for further appellate review. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Hailu, 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.