Citation Nr: 21076219
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 17-35 503
DATE: December 22, 2021

REMANDED

Entitlement to service connection for diabetes mellitus, type II, to include as due to herbicide exposure is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1968 to July 1972.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision by the RO.  

The Veteran testified before the Board at a virtual hearing in September 2021, a transcript of that hearing is of record.

Entitlement to service connection for diabetes mellitus, type II, to include as due to herbicide exposure is remanded.

Further development of the claim is required because it is unclear whether the Veteran was posted to a naval vessel that operated within the 12-mile territorial waters of Vietnam and would therefore have been presumed to have been exposed to herbicides. 

The Veteran's personnel file demonstrates that the Veteran participated in mine hunting and minesweeping operations "in the vicinity of the Cua Viet River" between August 29th and October 15th, 1970. The Veteran also states that he was docked in Da Nang harbor and at least twice in Cam Ranh Bay where he went ashore in the Republic of Vietnam.

Upon remand, the RO MUST perform any necessary development to determine whether the U.S.S. Dynamic was in the territorial seas within 12 nautical miles of Vietnam while the Veteran was aboard the U.S.S. Dynamic, from approximately June 1970 to June 1971.

Additionally, during his Board hearing, the Veteran testified that he received private treatment from a Dr. H.H. at a facility called Open Door, as this evidence may be pertinent, the RO should obtain authorization for and request these records.

The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file.

The matters are REMANDED for the following action:

1. Perform any necessary development to determine whether the U.S.S. Dynamic was in the territorial seas within 12 nautical miles of Vietnam while the Veteran was aboard, from approximately June 1970 to June 1971.

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2. Ask the Veteran to complete a VA Form 21-4142 for treatment records from Dr. H.H. at Open Door. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

3. Then readjudicate the claim remaining on appeal.  If any of the benefits sought are not granted in full, furnish the Veteran and his representative with a supplemental statement of the case and an opportunity to respond, and return the case to the Board.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Slovick, 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.