Citation Nr: 21070978 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 15-42 223 DATE: November 29, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea (OSA), to include as due to exposure to asbestos, is remanded. Entitlement to service connection for type II diabetes mellitus (diabetes mellitus), to include as due to exposure to herbicide agents, as well as due to exposure to biochemical agents such as ionizing radiation, polychlorinated biphenyl (PCB), and ethylene oxide, is remanded. Entitlement to service connection for neuropathy of the bilateral lower extremities is remanded. REASONS FOR REMAND The Veteran had active military service from August 1981 to August 1994 and was in the National Guard from November 1994 to August 2007. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and his spouse testified before the undersigned at a Travel Board hearing in March 2018. The transcript is of record. By way of background, in September 2018, the Board remanded the issues herein for additional evidentiary development. Subsequently, in May 2020, the Board denied service connection for OSA, diabetes mellitus, and neuropathy of the bilateral lower extremities. The Veteran appealed the denials in the May 2020 Board decision to the U.S. Court of Appeals for Veterans Claims (Court). In July 2021, the Court issued a Joint Motion for Remand (JMR) and vacated and remanded the Board decision regarding the claims of entitlement to service connection for OSA, diabetes mellitus, and neuropathy of the bilateral lower extremities. As such, the claims have now been returned to the Board for action consistent with the Joint Motion. Entitlement to service connection for OSA is remanded. Entitlement to service connection for diabetes mellitus is remanded. Entitlement to service connection for neuropathy of the bilateral lower extremities is remanded. As noted in the July 2021 JMR, there are potential pertinent treatment records that have not been obtained, to include OSA treatment records from Northeast Methodist Hospital. See July 2021 CAVC Decision. The Board also notes that it is unclear whether the identified treatment records pertaining to diabetes mellitus were obtained as requested in the September 2018 Board remand. Nevertheless, the Board notes that any outstanding records may be pertinent to the issues of diabetes mellitus and neuropathy of the bilateral lower extremities and thus, likely does not meet the applicable standard of whether "no reasonable possibility exists that such assistance would aid in substantiating the claim[s]." 38 U.S.C. § 5103A(a)(2) (emphasis added). As such, a remand is warranted to obtain the outstanding pertinent private treatment records. The Veteran also asserted that his diabetes mellitus was also potentially due to herbicide agent exposure at Fort McClellan. In support of this argument, the Veteran submitted an internet article discussing the possible use and storage of herbicide agents at Fort McClellan. See October 2021 Correspondence. As such, a remand is warranted so that necessary efforts may be made to verify the use or storage of herbicide agents at Fort McClellan. Additionally, regarding the Veteran's neuropathy of the bilateral lower extremities, in the March 2018 hearing, the Veteran attested that his neuropathy was caused by his diabetes mellitus. A review of the records shows that the Veteran is diagnosed with diabetes mellitus with neuropathy and polyneuropathy. See July 2014 Medical Treatment Record Government Facility and June 2017 CAPRI. As this claim is part and parcel to the Veteran's claim for entitlement to service connection for diabetes mellitus, the Board finds a remand is necessary on this basis for this issue as well. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that where a decision on one issue would have a "significant impact" upon another, and that impact in turn could render any appellate review meaningless and a waste of judicial resources, the two claims are inextricably intertwined). The matters are REMANDED for the following action: 1. With any necessary identification of sources by the Veteran, obtain any outstanding records of pertinent medical treatment from VA or private health care providers, such as the private medical records pertaining to diabetes mellitus from the endocrinologist in Fort Worth, Texas and pertaining to OSA in San Antonio, Texas in the 1990s, to include treatment records from Northeast Methodist Hospital. (Continued on the next page) 2. Make appropriate efforts to verify the Veteran's assertions of herbicide agent exposure at Fort McClellan. It appears that the Veteran was at Fort McClellan from August to December 1981. 3. Thereafter, and after any further development deemed necessary, the issues on appeal, to include the service connection claim for neuropathy of the bilateral lower extremities, should be readjudicated. If the benefits sought on appeal are denied, in whole or in part, the Veteran should be provided with a supplemental statement of the case and afforded the appropriate opportunity to respond. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Cheng, 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.