Citation Nr: 21008294 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 17-21 366 DATE: February 16, 2021 REMANDED Entitlement to service connection for diabetes mellitus, type II is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1971 to October 1993. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision. In an April 2019 Board decision, the Board denied entitlement to service connection for diabetes mellitus, type II. The Veteran appealed the claim to the United States Court of Appeals for Veterans Claims (Court) which, in June 2020, vacated and remanded the issue for action consistent with a Joint Motion for Remand (Joint Motion). 1. Entitlement to service connection for diabetes mellitus, type II is remanded. The Veteran asserts that his diagnosed diabetes mellitus is the result of exposure to chemicals during his service as an infantryman in the Panama Canal Zone between 1971 and 1975 as a drill instructor at Fort McClellan from 1988 to 1990. Specifically, the Veteran asserts that he was exposed to Agent Orange, mustard gas, and other chemicals. In the June 2020 CAVC JMR the Court found that the Board failed to discuss and analyze Veteran's assertions of exposure to chemicals on active duty and failed to adequately consider whether he was entitled to a VA medical examination. As to the exposure to herbicide agents, the Veteran does not contend that he had exposure in the Republic of Vietnam, Korea, or Thailand and his exposure to herbicides may not be presumed under any applicable law. However, that does not obviate VA's duty to assist in establishing the claimed exposure to herbicide agents in the Panama Canal Zone or at Fort McClellan. The Veteran’s service records confirm his service at Fort McClellan and that he was assigned to a chemical battalion during the claimed period, but they do not contain reports of any exposure incidents or medical treatment related to exposure to chemicals. A September 1990 occupational health form added to the Veteran’s file after he left Fort McClellan indicates a risk of exposure to materials like mercury, nitrous oxide, and methyl methacrylate associated with his work as a dental specialist. Here, the record does not show adequate development of the Veteran's claim with respect to the alleged exposure to environmental toxins. Specifically, the record does not include adequate development or findings regarding his alleged exposures to chemical, biological, and nerve agents such as Agent Orange or mustard gas, and chemicals such as mercury, nitrous oxide, and methyl methacrylate and in service, or adequate development of medical evidence regarding whether diabetes mellitus may be related to exposure to such elements. If exposure to such elements in service is shown, a medical opinion addressing whether the claimed disability may be related to such exposures would be necessary. As the evidence suggests that the Veteran's current diabetes mellitus, type II may be related to his claimed in-service chemical exposure, a remand is required to obtain a VA opinion to determine its etiology. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. The matters are REMANDED for the following action: 1. Attempt to verify the Veteran's asserted in-service exposure to chemical, biological, and nerve agents in the Panama Canal Zone between 1971 and 1975 and at Fort McClellan, Alabama, from 1988 to 1990, to include exposure to other chemicals such as mercury, nitrous oxide, and methyl methacrylate as alleged by the Veteran. 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. (Continued on the next page)   2. Thereafter, obtain a medical opinion for an appropriate clinician to determine the etiology of the Veteran’s diabetes mellitus. The examiner should opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s current diabetes mellitus, type II was caused by or related to service, to include his reported in-service environmental and/or chemical exposures in service. Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Mitchell, 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.