Citation Nr: 21077270 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 16-15 671 DATE: December 29, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. Entitlement to service connection for ischemic heart disease is remanded. Entitlement to service connection for liver cirrhosis is remanded. Entitlement to service connection for Non-Hodgkin's lymphoma is remanded. Entitlement to service connection for type II diabetes mellitus (DM) is remanded. Entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance or on account of being housebound is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1965 to October 1969 with additional Reserve service until October 1971. The Veteran filed a claim in February 2011 and died in November 2011, while the claim was pending. The Appellant is his surviving spouse, who was recognized as the substitute appellant for the Veteran's pending claim. See October 2019 VA letter. She appeals a July 2013 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) denying entitlement to service connection for DM, ischemic heart disease, Non-Hodgkin's lymphoma, cirrhosis, and entitlement to SMC based on the need for regular aid and attendance of another person or on account of being housebound. Additionally, before the Board of Veterans' Appeals (Board) is entitlement to service connection for the cause of the Veteran's death. See July 2013 rating decision. Most recently, in June 2020, the Board remanded to ensure compliance with the initial September 2018 Board remand directives. The appeal is now back before the Board. Regrettably, an additional remand is required to ensure VA's duty to assist in proper development is provided. In September 2015, the AOJ requested information from the Joint Services Records Research Center (JSRRC) regarding the Veteran's claimed exposure to herbicide agents while serving at Andersen Air Force Base (AFB), Guam from October 1967 to January 1969. See AF Form 7; DD Form 214. Specifically, the AOJ requested the JSRRC research for evidence from October 1967 to December 1967 and January 1968 to February 1968. See August 2015 DPRIS search. In September 2015, DPRIS responded that no research was conducted as the AOJ requested review of more than sixty days. See September 2015 DPRIS response. As a result, the AOJ restricted the search to sixty days in October 1967 to December 1967. For these sixty days, the JSRRC noted no documented "use, testing, spraying, or storage of Agent Orange or tactical herbicides at Andersen AFB, or on the Island of Guam...." See December 2015 DPRIS response. However, the record reflects the Veteran served at Andersen AFB, Guam until January 1969. Thus, the AOJ shoulder attempt to develop the use of any herbicide agents on Andersen AFB, Guam from January 1968 to January 1969, to include submitting as many requests as necessary to cover the time period the Veteran was stationed in Guam. See Gagne v. McDonald, 27 Vet. App. 397 (2015) (VA's duty to assist is not bound a 60-day limitation for verification requests). The Board notes the U.S. Department of Army, Records Management, and Declassification Agency (RMDA) has realigned its records research activities so that the JSRRC no longer exists. See 86 Fed. Reg. 15413 (March 23, 2021). As such, the Board will direct the AOJ to use the new internal process for researching records and then, if unsuccessful, to research the records through whatever process is now available through the RMDA, reflected below in the remand directives. SMC Since the decision on the aforementioned issues impacts a decision on entitlement to SMC based on the need for regular aid and attendance or on account of being housebound, these issues are inextricably intertwined, and the Board will defer decision on the matter. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Attempt to verify the use of any herbicide agents during the Veteran's service at Andersen AFB, Guam from January 1968 to January 1969. Contact the RMDA, VA's internal records processes (replacing JSRRC), and/or any other appropriate entity to attempt to verify the Veteran's assertion of exposure to herbicide agents in Guam. If necessary, the AOJ should submit multiple requests covering the relevant time period in 60-day increments. Any response should be documented in the claims file. (Continued on the next page) 2. Thereafter, and after undertaking any additional development deemed necessary, readjudicate the claims. If any benefit sought remains denied, provide the Appellant and her representative with an SSOC, and return the case to the Board. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Bona, 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.