Citation Nr: 21011690
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 16-11 166
DATE: March 2, 2021

REMANDED

Entitlement to service connection for the cause of the Veteran's death is remanded.

REASONS FOR REMAND

The Board denied this claim in an August 2019 decision, and the appellant appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court). In a September 2020 Order based upon a September 2020 Joint Motion for Remand (JMR), the Court vacated the Board decision. 

This Veteran served on active duty from April 1962 to January 1964 to include service in Korea from January 1963 to January 1964. He died in July 2010, and the appellant claims as his surviving spouse. She theorizes that his death was due to exposure to Agent Orange during his time in Korea or due to ionizing radiation and or asbestos exposure incurred as a missile crewman. She testified at a February 2019 hearing before the undersigned. At the hearing, the undersigned clarified the issue on appeal and made inquiry as to the existence of outstanding evidence as to the issue being decided. The actions of the VLJ comply with 38C.F.R. §3. 103.

Entitlement to service connection for the cause of the Veteran’s death is remanded.

This matter is remanded to the Agency of Original Jurisdiction (AOJ) for additional development consistent with the JMR directives. The JMR provided in pertinent part:

The Board acknowledged that the Veteran served in Korea from January 1963 to January 1964. (R. at 5). Appellant alleged the Veteran had been exposed to herbicide exposure while serving in Korea. However, the Regional Office’s Joint Services Records Research Center (JSRRC) coordinator made a formal finding that there was a lack of information required to corroborate herbicide exposure. (R. at 178).  However, the M21-1, Part IV.ii.1.H.3.c provides that Records Research Center (RRC) development is required where a veteran claims exposure in Korea, and he did not have service between September 1, 1967, and August 31, 1971. Because the Veteran did not have service between the aforementioned dates, as conceded by the Board, and VA did not refer this claim to the RRC for development regarding possible herbicide exposure, the parties agree that a remand for additional development is warranted. Upon remand, the Board shall refer the case to the JSRRC for appropriate development.  

Accordingly, the matter is REMANDED for the following action:

1. Refer this claim to the JRRRC for development regarding possible herbicide exposure based on the Veteran’s service dates consistent with M21-1, Part IV.ii.1.H.3.c which provides that development is required where a veteran claims exposure in Korea, and he did not have service between September 1, 1967, and August 31, 1971.

2. Then, undertake any subsequent development deemed necessary based on the results of the JSRRC development. 

3. Then, readjudicate the appellant’s claim.  If the claim remains denied, the appellant should be provided a Supplemental Statement of the Case (SSOC).

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. RIPPEL

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.