Citation Nr: 21067579 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 17-28 656A DATE: November 4, 2021 REMANDED Service connection for cardiovascular disorder (CV) is remanded. Service connection for diabetes mellitus, type II, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1960 to August 1963. Unfortunately, during the pendency of this appeal, in October 2020, he passed away. The Veteran's widow submitted a VA Form 21P-534EZ on December 2, 2020. VA sent her correspondence on January 25, 2021 informing her that she has been recognized as the substitute claimant. This appeal was previously before the Board in March 2020, which denied the Veteran's service connection claims. The Veteran disagreed with that decision and appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court), which granted a Joint Motion for Remand (JMR) in July 2021. In granting the motion, the Court vacated the Board's March 2020 decision. In the JMPR, the parties found that the Board did not address 38 C.F.R. § 3.309 in its analysis. The Board had found that the evidence did not show that the Veteran had service in the Republic of Vietnam, the Korean Demilitarized Zone, or Thailand, nor did he work with aircraft known to have been sprayed with herbicide agents. The Board also found that service connection on a direct basis was not warranted because even if he were exposed to herbicide agents during service, there was no evidence of a medical nexus. The JMR pointed out that § 3.309 extended beyond veterans who served in Vietnam, to include all other veterans exposed to herbicides during active service. Taylor v. McDonald, 27 Vet. App. 158, 162 (2014). Secondly, the JMR also pointed out that the Board failed to address whether an examination was needed to decide either claim. The Board acknowledged the Veteran's assertions that he was exposed to herbicides while stationed at Ft. Knox, Ft. Leonard Wood, and in Schweinfurt, Germany. However, his testimony alone The JMR noted that the Board failed to explain whether the Veteran's assertions of exposure to herbicide agents were sufficient to meet McLendon's third factor. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 1. Service connection for CV is remanded. 2. Service connection for diabetes mellitus, type II, is remanded. VA received correspondence from the Veteran in May and September 2016. See Correspondence received May 26, 2016 and NOD received September 1, 2016. He reported that he personally witnessed German contractors spraying herbicides on fuel dump areas to kill weeds, grass, and brush. He also reported that while on training exercises in Graphenwohr and Hohenfels, the firing ranges were sprayed to keep brush, weeds, and grass from growing. He also reported that Ft. Leonard Wood and Ft. Knox were also sprayed. Specifically, in a statement received on December 8, 2017, he noted that a July 2002 letter from the Chief of the Environmental Management Division at Ft. Knox, noted that pesticides, herbicides, and insecticides had been used around the base. Given the Veteran's assertions, that he witnessed herbicide agents being sprayed at locations where he was stationed and performed duties, the Board finds that an official inquiry should be made regarding potential exposure to herbicide agents in any of the areas identified by the Veteran. Accordingly, the claims for service connection for CV and diabetes mellitus, type II, are remanded. The matters are REMANDED for the following action: 1. Determine whether the Veteran was exposed to herbicide agents, such as Agent Orange, in any of the places where he was stationed. Attention is directed towards the Veteran's May 26, 2016 Correspondence and September 1, 2016 notice of disagreement, in which he reported that while stationed in Germany, he witnessed German contractors spraying herbicide agents. He also reported that herbicides were sprayed at Ft. Knox and at Ft. Leonard Wood. His Military Personnel Records show that he was stationed at Ft. Leonard Wood from September 16, 1960 until November 24, 1960; stationed at Ft. Knox from November 27, 1960 to March 10, 1961; and stationed in Frankfurt, Germany from March 16, 1961 to August 13, 1963. The Veteran also asserted in his May 26, 2016 Correspondence that he participated in training exercises in Graphenwohr and Hohenfels, which he has also contended were sprayed with herbicide agents. He also noted in a statement received on December 8, 2017, that a July 2002 letter from the Chief of the Environmental Management Division at Ft. Knox, noted that pesticides, herbicides, and insecticides had been used around the base. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Fu, 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.