Citation Nr: 21068263
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 16-60 701
DATE: November 9, 2021

REMANDED

Entitlement to service connection for Parkinson's disease, for substitution purposes is remanded.

Entitlement to service connection for hypertension, for substitution purposes is remanded.

Entitlement to service connection for a heart disability, for substitution purposes is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1966 to February 1968. The Veteran died in January 2017. The appellant claims as the surviving spouse. 

 

1. Entitlement to service connection for Parkinson's disease, for substitution purposes is remanded.

2. Entitlement to service connection for hypertension, for substitution purposes is remanded.

3. Entitlement to service connection for a heart disability, for substitution purposes is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives. The Board's February 2019 remand instructed the AOJ to make efforts to confirm the Veteran's reports regarding top secret missions into Vietnam, including contacting the Veteran's branch of service if necessary. The claims file shows that a request was made to JSRRC, but no response was received. No other attempts at verification were made. Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Attempt to verify the Veteran's asserted in-service exposure to herbicide agents. If necessary, send to the Veteran's branch of service with a request for verification regarding his assertion that he went on top secret missions to Vietnam. 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefit sought is not granted to the appellant's satisfaction, send the appellant and her

 

representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.