Citation Nr: 21073358 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 18-24 939 DATE: December 8, 2021 REMANDED Entitlement to dependency and indemnity compensation (DIC), death pension, and accrued benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1957 to July 1959. These matters are before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). 1. Entitlement to dependency and indemnity compensation (DIC), death pension, and accrued benefits is remanded. The Appellant asserts that the Veteran's prostate cancer is due to his exposure to toxins and other chemicals while service on active duty. No military personnel records have been requested or obtained for the Veteran's period of active-duty service. The Board is unable to render a complete adjudication without first attempting to obtain these records. Additionally, the Appellant's representative submitted numerous research articles drawing a causal connection between chemicals and other toxins (like the types the Veteran may have been exposed to during service) and prostate cancer. After obtaining the Veteran's military personnel records, a medical opinion is needed to determine whether it is at least as likely as not that the Veteran's prostate cancer was due to chemical or toxin exposure during service. Accordingly, a remand is required to obtain the Veteran's complete military personnel records and a VA medical opinion. The matters are REMANDED for the following action: 1. To the extent they are available, obtain the Veteran's military personnel records for association with the claims file. If military personnel records are unable to be located or have been destroyed or are not available, this must be documented and associated with the claims file. Additionally, the Appellant must be informed of this and given the opportunity to provide copies of any records in his possession. 2. Develop the Appellant's assertion that the Veteran was exposed to trichloroethylene and other chemicals or toxins from his duties as a metal worker and by nature of being stationed at Fairchild Air Force Base. If evidence of possible exposure to trichloroethylene and other chemicals or toxins is found, obtain a dose assessment and an opinion. If more details are needed, contact the Appellant or her representative to request the information. 3. After the above development is completed, the AOJ should arrange for a VA medical opinion to determine the nature and likely cause of the Veteran's prostate cancer. The examiner should review the claim file (including this remand) and note such review was conducted. Based on review of the record, the examiner should provide an opinion with detailed rationale that responds to the following: (a.) The Board notes the Veteran died as a result of his prostate cancer according to his death certificate. (b.) Is it at least as likely as not (50% or greater probability) that the Veteran's prostate cancer was either incurred in or otherwise related to the Veteran's military service? Please explain why. The examiner should state whether the Veteran had exposure during service to trichloroethylene and other chemicals or toxins as a result of his MOS as a metal worker, and if so, whether these exposures are at least as likely as not (50% or greater probability) to have been a cause of his prostate cancer. (c.) The examiner MUST address the research articles referenced in the October 2021 statement in support of claim (VA Form 21-4138). (d.) Additionally, is it at least as likely as not (50% or greater probability) that the Veteran's service-connected lumbosacral degenerative disc disease, bilateral lower extremity radiculopathy, or tinea pedis, either individually or collectively, was a principal or contributory cause of death? Please explain why. 4. The examiner's attention is drawn to the following records (the following is a brief factual background and not intended to be a substitute for your review of the claims folder): (a.) A February 2015 VA treatment record lists a diagnosis of prostate cancer in 2000. (b.) A March 2015 VA treatment record noted: "Prostate cancer--had radical retropubic prostatectomy in 1996-Hahnamen Subsequent rise in PSA after--pt was offered XRT and declined. Has been following with Herbalist since and has been on Prostazol." David Gratz Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Williams, 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.