Citation Nr: 21073210
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 16-35 374
DATE: December 7, 2021

REMANDED

Entitlement to service connection for diabetes mellitus as a result of exposure to herbicide agents is remanded.

Entitlement to service connection for ischemic heart disease as a result of exposure to herbicide agents is remanded.

Entitlement to service connection for prostate cancer as a result of exposure to herbicide agents is remanded.

Entitlement to service connection for sleep apnea as secondary to diabetes mellitus is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1965 to October 1969.  He passed away in November 2016.  The appellant is his surviving spouse.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision by the Regional Office (RO) of the Department of Veterans Affairs (VA).

1. Entitlement to service connection for diabetes mellitus as a result of exposure to herbicide agents is remanded.

2. Entitlement to service connection for ischemic heart disease as a result of exposure to herbicide agents is remanded.

3. Entitlement to service connection for prostate cancer as a result of exposure to herbicide agents is remanded.

4. Entitlement to service connection for sleep apnea as secondary to diabetes mellitus is remanded.

Upon review of the claims file, the Board has determined that further development is necessary before the claim can be adjudicated.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159.  

In August 2014 the Veteran submitted releases for relevant outstanding private treatment records from St. Luke's Medical Center, Dr. S.M., Dr. J.T., Dr. C.L., and Dr. J.S.  The record does not indicate that the RO requested these records.  Therefore, a remand is required to allow VA to obtain authorization and request these records.

Additionally, the Appellant asserts that the Veteran served in the offshore waters of Vietnam.  His service personnel records confirm that he served aboard the USS Intrepid from March 1966 to October 1969 and that the USS Intrepid was conducting missions in North Vietnam during this period of time.  (6/17/2014, Military Personnel Record, p. 9, 18).  As such, on remand efforts should be made to verify whether USS Intrepid operated within the 12 nautical mile territorial sea of Vietnam.

The matters are REMANDED for the following action:

1. Ask the Appellant to complete a VA Form 21-4142 for the Veteran's private healthcare providers.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

2. Verify whether the USS Intrepid operated within the 12 nautical mile territorial sea of Vietnam from March 1966 to October 1969.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Glenn, Associate 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.