Citation Nr: 21074397 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 18-31 696 DATE: December 15, 2021 REMANDED Entitlement to service connection for type II diabetes mellitus is remanded. Entitlement to service connection for an eye disability, to include as secondary to type II diabetes mellitus is remanded. Entitlement to service connection for peripheral neuropathy, to include as secondary to type II diabetes mellitus is remanded. Entitlement to service connection for erectile dysfunction, to include as secondary to type II diabetes mellitus is remanded. REASONS FOR REMAND The Veteran had active service in the United States Army from August 1961 to July 1964. These matters are on appeal from a January 2016 rating decision. In November 2018, the Board remanded the appeal for additional evidentiary development. In October 2020, the Board denied the issues on appeal. The Veteran appealed the Board denial to the United States Court of Appeals for Veterans Claims (the Court). In July 2021, the Court granted a Joint Motion for Partial Remand that vacated and remanded the Board's denial of the entitlement to service connection for type II diabetes mellitus, an eye disability, peripheral neuropathy, and erectile dysfunction. 1. Entitlement to service connection for type II diabetes mellitus is remanded. The July 2021 Joint Motion for Partial Remand found that Board failed to provide an adequate statement of reasons and bases for its rejection of the Veteran's lay assertions that he was exposed to herbicide agents during active service in Thailand. The Veteran contends that he was exposed to herbicide agents while he was deployed at the RTAFB Korat, Thailand, from July 1962 to June 1963 with the 809th Engineering Battalion. In December 2015, the Veteran wrote that his duties included clearing the ground with machetes and picking up shipments. The battalion was tasked with constructing a highway system through Thailand. He also stated that he resided in a hooch toward the perimeter of camp. He visited surrounding villages, swam in rivers, and was exposed to monsoon flooding. The record contains a formal finding from Joint Services Records Research Center (JSRRC) coordinators, dated in March 2018 indicating that there was insufficient information to submit a JSRRC request. In Gagne v. McDonald, 27 Vet. App. 397 (2015), the Court found that VA's duty to assist is not bound by the JSRRC's 60-day requirement and that it was not unreasonable to require the AOJ to submit multiple 60-day inquiries to the JSRRC sufficient to address the entire period of time when a Veteran alleges. In light of the Court's holding in Gagne, the Board finds that a remand is necessary to verify the Veteran's alleged exposure to herbicide agents in Thailand. 2. Entitlement to service connection for an eye disability, to include as secondary to type II diabetes mellitus is remanded. 3. Entitlement to service connection for peripheral neuropathy, to include as secondary to type II diabetes mellitus is remanded. 4. Entitlement to service connection for erectile dysfunction, to include as secondary to type II diabetes mellitus is remanded. The Veteran is claiming that his eye disability, peripheral neuropathy, and erectile dysfunction are caused by his type II diabetes mellitus. A decision on the remanded issue of entitlement to service connection for type II diabetes mellitus could significantly impact a decision on the issues of entitlement to service connection for an eye disability, peripheral neuropathy, and erectile dysfunction, the issues are inextricably intertwined. A remand of the claims is required. The matters are REMANDED for the following actions: 1. Attempt to verify the Veteran's asserted in-service exposure to herbicide agents as outlined in his December 2015 statement. If necessary, make multiple requests to verify the Veteran's exposure. If more details are needed, contact the Veteran to request the information. If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the Veteran of VA's inability to verify the in-service herbicide agent exposure. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issues of entitlement to service connection for an eye disability, peripheral neuropathy, and erectile dysfunction, to include as secondary to type II diabetes mellitus. If the benefit sought is not granted to the Veteran's satisfaction, send the [Veteran/appellant] and [his/her] representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R.R. Watkins, 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.