Citation Nr: 21071167
Decision Date: 11/30/21	Archive Date: 11/29/21

DOCKET NO. 17-29 040
DATE: November 30, 2021

REMANDED

Entitlement to service connection for heart condition, to include as due to herbicide agent exposure, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1965 to September 1967. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In April 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the proceeding has been associated with the claims file. 

The Veteran contends that his heart conditions are at least as likely as not related to his in-service exposure to herbicide agent.  He is currently diagnosed to have various heart disabilities, and his in-service exposure to herbicide agent has been conceded based upon his service in the Republic of Vietnam during the Vietnam Era.

A review of the record indicates not all of the Veteran's private medical treatment records have been associated with the file.  The records that are in the file do not agree on whether the Veteran may be considered to have ischemic heart disease, (for which service connection would be presumed due to herbicide agent exposure).  Efforts should be made to obtain the outstanding records, and another opinion sought to address whether the Veteran has ischemic heart disease, and whether any other of his heart disabilities may be considered due to herbicide agent exposure.  

The matters are REMANDED for the following action:

1. Ask the Veteran to complete appropriate authorization to permit VA to obtain records from his private cardiologist since his initial treatment.  The identified records should be sought.  

2. Then, provide the claims file to an appropriate VA clinician and obtain an addendum opinion, to address whether or not the Veteran has ischemic heart disease, and whether any other heart disability present is at least as likely as not (50 percent or greater probability) related to the Veteran's period of active service, particularly including his presumed in-service herbicide agent exposure.  

The reasons for the conclusions expressed should be fully explained.  

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3. After completing the above actions the Veteran's claim should be readjudicated based on the entirety of the evidence.

 

MICHAEL KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	V. Geer

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.