Citation Nr: 21070473 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 17-29 769 DATE: November 24, 2021 REMANDED Entitlement to service connection for coronary artery disease (CAD), to include as due to exposure to herbicides, is remanded. Entitlement to service connection for diabetes mellitus type II, to include a due to exposure to herbicides, is remanded. Entitlement to service connection for hypertension, to include as secondary to CAD, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from August 1966 to April 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2012 and January 2014 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes the Veteran first filed a claim for service connection for CAD and diabetes mellitus in January 2012. The RO denied these claims in an October 2012 rating decision. New medical treatment records and Veteran's statements in support of his claim were submitted within one year of the rating decision. Therefore, the Board finds that the October 2012 rating decision never became final due to the submission of new and material evidence, and, therefore, the claim does not need to be reopened. 1. CAD and diabetes mellitus Unfortunately, the Board finds a remand is warranted for further development. The Board finds the RO failed to obtain medical opinions regarding the Veteran's claims. The Board notes that in the October 2012 and January 2014 rating decisions, the RO denied the claims stating that the Veteran did not have any reported service in Vietnam. The RO mistakenly stated the Veteran served aboard the USNH Guam during Vietnam. The RO continued the denial stating that the evidence failed to show the Veteran had service in Vietnam. The Board finds this was an error by the RO. The evidence does not show the Veteran was aboard the USNH Guam, and the Veteran does not contend such. In fact, the Veteran contends, and the evidence supports, he was station in Guam at the Naval Hospital. Furthermore, the Veteran contends that while stationed in Guam he unloaded injured soldiers from airplanes coming directly from Vietnam, which caused him exposure to herbicides. See May 2017 VA Form 9; April 2017 Defense Personnel Records Information Retrieval System (DPRIS) Statement. Since the Veteran has a current diagnosis of CAD and diabetes mellitus and has reported that airplanes and soldiers from Vietnam were arriving and being treated at the Veteran's Naval Hospital in Guam, the Board finds it is necessary to obtain VA medical opinions to determine whether a nexus exists between the Veteran's diagnosed conditions and his in-service occurrence. 2. Hypertension As for the Veteran's hypertension, the Board finds that it is inextricably intertwined with his CAD claim. As such, those findings are incorporated herein, and remanded until the CAD claim has been addressed. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. The RO should obtain a VA medical opinion for the Veteran's CAD. If the examiner determines that a new examination is necessary to complete the requested opinion, then one must be held prior to completing the requested opinion. The examiner should review the claims file and indicate that it has been reviewed. Then, address the following, with a supporting rationale: Whether the Veteran's CAD is at least as likely as not (an approximate balance of positive and negative evidence) related to an in-service injury, event, or disease, to include as due to claimed herbicide exposure. The examiner must consider and address the Veteran's lay statements, to include that he was exposed to herbicides while stationed in Guam when unloading soldiers from airplanes coming directly from Vietnam. The examiner should also consider and address the articles submitted by the Veteran regarding herbicides in Guam. 2. The RO should obtain a VA medical opinion for the Veteran's diabetes mellitus. If the examiner determines that a new examination is necessary to complete the requested opinion, then one must be held prior to completing the requested opinion. The examiner should review the claims file and indicate that it has been reviewed. Then, address the following, with a supporting rationale Whether the Veteran's diabetes mellitus is at least as likely as not (an approximate balance of positive and negative evidence) related to an in-service injury, event, or disease, to include as due to herbicide exposure. The examiner must consider and address the Veteran's lay statements, to include that he was exposed to herbicides while stationed in Guam when unloading soldiers from airplanes coming directly from Vietnam. The examiner should also consider and address the articles submitted by the Veteran regarding herbicides in Guam. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Glaeser, Jennifer 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.