Citation Nr: 21076480 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 18-13 142 DATE: December 23, 2021 ORDER Service connection for diabetes mellitus type II (DMII) is granted. REMANDED Service connection for a renal disability is remanded. FINDING OF FACT The Veteran's diagnosed DMII is presumed to be related to his conceded in-service herbicide agent exposure. CONCLUSION OF LAW The criteria for service connection for DMII are met. 38 U.S.C. §§ 1101, 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1966 to June 1966 and from September 1966 to June 1968 in the U.S. Navy. This matter comes before the Board of Veterans' Appeals (Board) from a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a Board hearing in February 2018; however, the request was withdrawn in January 2020. This case was most recently before the Board in August 2021, at which time the issues on appeal were remanded for additional development. This case has now returned to the Board for appellate consideration. DMII The Veteran contends that he has DMII due to in-service exposure to herbicide agents while serving aboard the USS Eversole. Service connection may be established for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. Establishing service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). If a veteran was exposed to an herbicide agent during active military, naval, or air service, conditions, including DMII, shall be presumed to be service connected even though there is no record of such disease during service. 38 U.S.C. § 1116; 38 C.F.R. § 3.309(e). The Veteran's VA treatment records show that he has a current diagnosis of DMII that requires insulin. See VA Treatment Records received August 2021. Additionally, in a November 2020 Memorandum, the VA conceded exposure to herbicide agents based on the Veteran's nautical service in the offshore eligible waters as defined in the Blue Water Navy Vietnam Veterans Act of 2019, Public Law 116-23. Accordingly, service connection for DMII is warranted on a presumptive basis due to herbicide agent exposure. Resolving all reasonable doubt in the Veteran's favor, service connection for DMII is granted. REASONS FOR REMAND Renal Disability The Veteran contends that he has a renal disability that is related to in-service herbicide agent exposure. The Veteran's VA and private treatment records note chronic renal failure, end stage renal disease, and renal transplant. Additionally, as stated above, exposure to herbicide agents during service is conceded. The Veteran has not been afforded a VA examination to determine the nature and etiology of his claimed renal disability. Accordingly, remand is necessary to obtain a VA examination and opinion. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Additionally, the Board notes that the Veteran reported treatment at Pacific Dermatopathy and Cedars-Sinai Medical Center. See January 2020 VA Form 20-0995 Supplemental Claim Application. Although the RO requested that the Veteran complete authorization forms in August 2021, the Board finds that the Veteran should be provided another opportunity to submit any requested authorizations to obtain these relevant records. The matter is REMANDED for the following action: 1. Obtain any outstanding VA treatment records. 2. Ask the Veteran to complete a VA Form 21-4142 for his treatment related to his claimed renal disability, to specifically include private treatment records from Pacific Dermatopathy and Cedars-Sinai Medical Center. Inform the Veteran that a release for these records is necessary for VA to obtain them. If the necessary releases are provided, make two requests for the authorized records unless it is clear after the first request that a second request would be futile. If any requested records are unavailable, the claims file should be annotated as such and the Veteran notified of such. 3. Schedule the Veteran for a VA examination with an appropriate physician to determine the nature and etiology of his claimed renal disability. The entire claims file must be made available to the examiner and review must be noted. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail. After complete review of the claims file, the examiner should identify all diagnoses pertaining to the Veteran's claimed renal disability. The examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's disability is related to any in-service injury, event, or disease, to include herbicide agent exposure. (Continued on the next page) The lay statements of record must be considered. A complete rationale must be provided for all opinions and conclusions expressed. Mike Sobiecki Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Kernen, 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.