Citation Nr: A21020185 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 210830-181994 DATE: December 17, 2021 REMANDED Service connection for multiple myeloma with sacral tumor is remanded. Service connection for right foot drop is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1965 to July 1967. These matters come to the Board of Veterans' Appeals (Board) on appeal from a May 2021 rating decision issued by the Department of Veterans' Affairs (VA) Regional Office (RO). Following the Agency of Original Jurisdiction's (AOJ) denial of these claims, the Veteran submitted an August 2021 VA Form 10182, Decision Review Request: Board Appeal, wherein he elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the AOJ decision on appeal, as well as any evidence submitted by the Veteran or his representative with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. The Board notes additional evidence was associated with the claims file during the applicable evidentiary window that has been considered for the purposes of this decision. 1. Service connection for multiple myeloma with sacral tumor is remanded. The Veteran contends he has multiple myeloma that is related to exposure to hazardous materials and contaminated drinking water while serving at Chanute Air Force Base from July 1965 to July 1967. The Board finds remand is necessary to correct pre-decisional duty to assist errors. In support of the Veteran's contentions, he submitted multiple articles discussing various chemicals at Chanute Air Force Base and a potential association between the chemicals and multiple myeloma. According to an article from the Illinois Environmental Protection Agency (EPA) website, hazardous materials that were commonly used at Chanute Air Force Base included "aviation and motor fuels, numerous petroleum products such as motor oil, lubricants, and hydraulic fluids, and cleaning solvents." Hazardous wastes generated at Chanute Air Force Base included waste oils and fuels, oil / water separator sludge, solvent residues, and other chemical wastes. Furthermore, Landfill 2 (operated from early 1950s through 1967) and Landfill 3 (operated from 1967 to 1970) contained various hazardous substances where leachate sampling revealed the presence of 2,4-dichlorophenoxyacetic acid. Other articles referenced dioxins, trichloroethylene, and various polychlorinated biphenyls. These contentions were within the record prior to the May 2021 rating decision on appeal. To date, however, development has not been completed to attempt to verify this claim including obtaining a medical opinion. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; McLendon v. Nicholson, 20 Vet. App. 79 (2006). While the Board recognizes the non-VA provider's positive nexus opinion of record, it assumes exposure to various hazardous materials, which has yet to be verified, and is without discussion of amounts / duration. Additionally, the record contains VA correspondence sent to the Veteran in November 2020 informing him that due to the ongoing COVID-19 pandemic, the National Personnel Records Center (NPRC) is operating at a reduced capacity and official records had not been able to be obtained from their archives. See November 2020 letter. While limited service treatment records and military personnel records have been associated with the claims file, this occurred prior to the November 2020 letter. It is otherwise unclear from the record whether there remains outstanding STRs and / or military personnel records. Thus, remand is necessary to correct the duty to assist error in failing to obtain complete military records or provide notice of the inability to do so. Based on the above, the Board finds remand is necessary to correct the duty to assist errors by completing the additional development directed herein and affording the Veteran a VA examination. 2. Service connection for right foot drop is remanded. 3. Entitlement to TDIU is remanded. The Veteran contends that he has right foot drop secondary to multiple myeloma and he further contends he is unable to obtain or maintain substantially gainful employment due to multiply myeloma and right foot drop. Therefore, the issues are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). Accordingly, the claims are remanded as inextricably intertwined. The matters are REMANDED for the following action: 1. Obtain the Veteran's complete service personnel records including service treatment records. 2. After the above development, the AOJ should request the Department of Defense and any other appropriate agencies to provide information about the likelihood the Veteran, given his military occupation and tours of duty, was exposed to contaminated water, toxins and / or hazardous chemicals, while performing his military duties - to specifically include discussion of any and all hazardous materials at Chanute Air Force Base. In requesting this information, the AOJ should refer to the Veteran's Military Personnel Record, to provide specific dates, locations, and military occupational specialties, when requesting the above described information. If unable to verify the Veteran's statements regarding exposure to hazardous materials / contaminated water / toxins, the AOJ must prepare a formal memorandum to this effect, which outlines the steps taken to verify the exposure to contaminated water, toxins, and / or hazardous chemicals. The Veteran and his representative must be notified of this finding and be given an opportunity to respond. Additionally, the articles submitted by the Veteran and referred to in this remand should be considered and discussed in the findings. 3. If, and only if, the Veteran's exposure to contaminated water, toxins, and / or hazardous chemicals during his military service is verified, schedule the Veteran for a VA examination before an appropriate examiner. The entire claims file and this remand should be made available for review. The examiner should render an opinion addressing the following: (a.) Whether it is at least as likely as not the Veteran's multiple myeloma is related to service, to include exposure to contaminated water, toxins, and / or hazardous chemicals during his military service. In so opining, the examiner is directed to address and consider the Veteran's treatment records, the non-VA opinion of record, articles submitted by the Veteran, and the lay statements of record. (b.) Whether the Veteran has a right foot drop that is at least as likely as not caused or aggravated by multiple myeloma. The VA examiner is cautioned that the term "aggravated," as used in 38 C.F.R. § 3.310(b), does not require that there be "permanent worsening" of the nonservice-connected disability. Instead, secondary service connection is warranted for "any incremental increase in disability and any additional impairment of earning capacity in nonservice-connected disabilities resulting from service-connected conditions, above the degree of disability existing before the increase regardless of its permanence." See Ward v. Wilkie, 31 Vet. App. 233, 239 (2019). The examiner must provide a complete rationale for any opinion expressed, based on the examiner's clinical and medical expertise; established medical principles; and references to the evidence of record, as appropriate. If any opinion cannot be expressed without resort to speculation, ensure that the examiner so indicates and discusses why an opinion is not possible, to include whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. (Continued on the next page) 4. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.C. Allen, 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.