Citation Nr: 21069884 Decision Date: 11/22/21 Archive Date: 11/22/21 DOCKET NO. 10-15 239 DATE: November 22, 2021 REMANDED Entitlement to service connection for gout with arthritis is remanded. Entitlement to service connection for ischemic heart disease, including as a result of Agent Orange or other chemical or radiation exposure, is remanded. REASONS FOR REMAND The Veteran, who is the appellant, served on active duty from November 1967 to April 1970. This case has a long procedural history. It is initially noted that in December 2010, a Travel Board hearing was held before a Veterans Law Judge who is no longer with the Board. A transcript of the hearing is associated with the Veteran's claims file. In a September 2011 decision, the Board denied service connection for gout with arthritis and remanded the issue of service connection for coronary artery disease. The appellant appealed the Board's denial of service connection for gout with arthritis to the United States Court of Appeals for Veterans Claims (Court), and the Board's decision was vacated pursuant to an August 2012 Order, following a Joint Motion for Remand (JMR). Specifically, the parties requested that the Court vacate the Board's September 2011 decision regarding the denial of service connection for gout with arthritis so that additional development regarding the Veteran's possible exposure to chemicals could be conducted. In April 2013, the Board remanded the issue for further development. The case was again remanded by the Board in March 2017 so that the Veteran could be afforded the opportunity for an additional formal hearing before a member of the Board. This was conducted before the undersigned in November 2017. A transcript of the hearing is associated with the claims folder. In May 2018 written argument, the Veteran's representative stated that the Veteran's case had been previously remanded in March 2017 to afford him a hearing before the Board and requested that the Veteran be "scheduled as soon as possible for another Travel Board or even a Video hearing." The representative noted that the Veteran had been notified by letter of a hearing scheduled for May 2018 that was later "cancelled with no reason given." As indicated above, however, the Veteran was afforded another Board hearing in November 2017 (in response to the March 2017 remand). This was the reason for the cancellation of the May 2018 hearing. By decision dated in June 2018, the Board again denied service connection for gout with arthritis and ischemic heart disease, including as a result of exposure to Agent Orange or other chemicals, or radiation. In a March 2019 memorandum decision, the Court vacated and remanded the June 2018 Board decision so that the Board could ensure that the orders contained in the Board's April 2013 remand had been followed. The Board, in August 2019, again remanded the issues in compliance with the Court's decision. The issues were again denied by the Board in an October 2020 decision. The denial was again addressed by the Court and in April 2021, a second JMR vacated and remanded the October 2020 Board decision. It was noted that, while a request had been made to the Joint Services Records Research Center (JSRRC) to ascertain whether the Veteran had service in the Republic of Vietnam (RVN), which would activate the presumption of exposure to herbicide agents, the request was for the period of active duty from June through August 1969 only. It was noted further that the Veteran had claimed he may have served in the RVN from March through May 1969. The parties agreed that a second request should be made to ascertain whether the Veteran had served in the RVN from March through May 1969. The Court granted the JMR. Entitlement to service connection for gout with arthritis and ischemic heart disease Review of the record shows that VA has made several attempts to verify the Veteran's claimed RVN service. It is noted that the Veteran initially claimed that he was exposed to herbicide agents through handling containers of Agent Orange while serving in Germany, but then later claimed he served in the RVN from March through May 1969. Subsequently, the Veteran stated he was incorrect in his dates of RVN service and that this must have occurred between June through August 1969. This led to the request for JSRRC to verify the Veteran's service from June through August 1969. As noted above, however, the JMR has nevertheless instructed the Board to attempt to verify possible RVN service from March through May 1969. Since the prior development, there has been a regulatory amendment removing the reference to the JSSRC in 38 C.F.R. § 3.156(c)(2). It is noted that the JSRRC no longer exists, but that the military records themselves previously researched by the JSRRC remain available for research by VA as an official source of records. The Veterans Benefits Administration (VBA) Office of Administrative Review (OAR) has advised that VBA is to use an internal process to research records. As such, a directive referencing the JSSRC should instead request the records using the internal process of VBA. (Continued on the next page) The matters are REMANDED for the following action: Attempt to verify the Veteran's asserted in-service exposure to herbicide agents, specifically his claimed RVN service from March through May 1969. If more details are needed, contact the Veteran to request the information. If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the Veteran of VA's inability to verify the in-service herbicide agent exposure. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Joseph P. Gervasio 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.