Citation Nr: 21074351 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 19-32 444A DATE: December 15, 2021 REMANDED Entitlement to service connection for tumors and cancers, to include as due to exposure to chemicals and contaminants, is remanded. Entitlement to service connection for a heart disability, to include as due to exposure to chemicals and contaminants, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from June 1962 to June 1970. These matters are on appeal from an August 2015 rating decision. In October 2020, the Veteran testified at a Video Conference hearing with the undersigned Veterans Law Judge. A transcript of this hearing is associated with the record. In December 2020, these matters were remanded for further development. Specifically, the Board noted that there was no medical opinion of record addressing the Veteran's contentions, to include consideration of lay statements and articles submitted in support of the claims. Pursuant to the Board's remand, on March 2021 VA skin diseases Disability Benefits Questionnaire (DBQ) examination a skin tumor was diagnosed. On March 2021 VA heart conditions DBQ examination, coronary artery disease, coronary artery bypass graft, atrial fibrillation, and acute resolved CHF were diagnosed. On March 2021 VA hematologic DBQ examination chronic lymphocytic leukemia was diagnosed. In a March 2021 VA medical opinion the examiner opined that the Veteran's heart disability was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The rationale was that VA has not recognized that exposure to contaminated water has caused any chronic condition. In an August 2021 VA medical opinion the examiner opined that the claimed skin disability was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The rationale was that there was no clinical evidence that the Veteran's skin disability was caused by his exposure to a contaminated source. In an August 2021 VA medical opinion the examiner opined that the Veteran's tumors or cancers were less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The rationale was that VA has not recognized that any exposure to contaminated water has caused any tumors or cancers. The examiner further opined that it is less likely than not that the Veteran's diagnosed leukemia is the result of contaminants during service. In an October 2021 VA addendum a VA examiner opined that the Veteran's coronary artery disease, atrial fibrillation, resolved CHF, and chronic lymphocytic leukemia were less likely than not incurred in or caused by service, to include exposure to contaminated water at Wurtsmith AFB and chemicals, pollutants, benzene, and trichloroethylene during service. The examiner considered the newspaper article, report from the Agency for Toxic Substances and Disease Registry (ATSDR) and EPA fact sheet. On further review of the medical opinions, the Board finds that the examiner failed to consider the Veteran's credible lay statements and testimony regarding the onset of his disabilities as requested by the Board. Accordingly, in light of the foregoing and deficiencies in the March, August, and October 2021 VA medical opinions, another addendum should be obtained. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007); Stegall v. West, 11 Vet. App. 268 (1998); Miller v Wilkie, 32 Vet. App. 249, 259-60 (2020). The matters are REMANDED for the following action: Obtain an appropriate addendum by an examiner, other than March 2021 VA examiner, regarding the nature and etiology of the Veteran's heart, cancer, and tumor disabilities. Unless the examiner finds that a new examination is required, the Veteran need not be examined again. The claims file, including a copy of this remand, must be made available to the examiner for review who should indicate that the claims file was reviewed. Is it at least as likely as not (50 percent or more probability) that the Veteran's currently diagnosed heart, cancer, and tumor disabilities had onset in or are etiologically-related to the Veteran's active duty service, to include as due to exposure to contaminated water at Wurtsmith AFB including exposure to chemicals, pollutants, benzene, and TCE? The examiner is asked to consider and discuss as necessary the pertinent evidence of record to include the Veteran's lay statements, complaints, and hearing testimony concerning the onset of his heart, cancer, and tumor disabilities, including those made to medical providers. The examiner is also asked to consider the evidence submitted by the Veteran including a newspaper article, EPA fact sheet, and report from ATSDR on a re-evaluation of past exposures to contaminants in drinking water at former Wurstmith AFB. The Board, by this remand, makes no determination, expressed or implied, concerning the credibility of any statements on file. The addendum should include the complete rationale for all opinions expressed. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Adams, 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.