Citation Nr: 21013308 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 12-24 435 DATE: March 9, 2021 REMANDED Entitlement to service connection for diabetes mellitus, type II, as due to herbicide agents exposure or other contaminants, is remanded. Entitlement to service connection for hypothyroidism is remanded. Entitlement to service connection for hypertension, as due to herbicide agents exposure or other contaminants, is remanded. Entitlement to service connection for a lumbar spine disorder, as due to herbicide agents exposure or other contaminants, is remanded. Entitlement to service connection for diabetic retinopathy, to include as secondary to diabetes mellitus, type II, is remanded. Entitlement to service connection for peripheral neuropathy, to include as secondary to diabetes mellitus, type II, is remanded. Entitlement to service connection for glaucoma, to include as secondary to diabetes mellitus, type II, is remanded. Entitlement to service connection for residuals of a myocardial infarction, to include as secondary to diabetes mellitus, type II and/or hypothyroidism, is remanded. Entitlement to service connection for hemorrhoids is remanded. Entitlement to service connection for a gastrointestinal disorder is remanded. REASONS FOR REMAND The Veteran had active military service from January 1966 to January 1968. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board in September 2018, at which time the issues currently on appeal were remanded for additional development. The case has now been returned to the Board for further appellate action. REASONS FOR REMAND As noted in the September 2018 Board remand, the Veteran contends that his claimed disabilities are related to in-service exposure to herbicide agents as well as other contaminants. Specifically, the Veteran reported that he was exposed to such while he served aboard the U.S.S. Austin and while training at the Atlantic Fleet Weapons Training on Vieques Island, Puerto Rico for six months in 1967, as well as Fort Sherman in Panama. The Veteran submitted newspaper and Environmental Protection Agency (EPA) articles showing that Vieques Island and associated waters were used by Department of Defense (DOD) for training purposes. The article shows that chemicals, solvents, PCBs and insecticides were used. The Board notes that ischemic heart disease and diabetes mellitus, type II, are diseases enumerated under 38 C.F.R. § 3.309(e) as being presumed due to exposure to herbicide agents. Moreover, the Veteran contends that all of his disabilities are related to exposure to herbicides and/or other contaminants. The Veteran has provided detailed information concerning such exposure. There are steps an Agency of Original Jurisdiction (AOJ) must take to verify herbicide agent exposure in locations other than Vietnam, Korea and Thailand. Specifically, it must send a request to Compensation Service to review the Department of Defense’s inventory of herbicide operations. This action was performed in February 2020 and exposure was not verified. If exposure is not verified, as in this case, a request must be sent to the Joint Services Records Research Center (JSRRC) for verification of herbicide exposure. Id. Here, it does not appear that these steps were followed. Thus, in order to correct duty to assist error, the AOJ should take these appropriate steps to verify the Veteran’s claimed exposure to herbicide agents. Additionally, the Board notes that the September 2018 Board remand directed the AOJ to attempt to verify what pesticides were used, including for bug infestation, during the relevant time period. However, the record reflects that this development was not performed. Therefore, the Board finds that a remand is necessary. Stegall v. West, 11 Vet. App. 268. The matters are REMANDED for the following action: 1. Request that JSRRC provide any information it has concerning chemical/weapons testing/herbicide agent exposures at Vieques Island, Puerto Rico and Fort Sherman, Panama in 1967, to include what other contaminants, pesticides and/or toxic chemicals were used. (Continued on the next page)   2. Following the completion of the above, the Agency of Original Jurisdiction should consider whether additional development is warranted as a result of the above (e.g., development for each of the claims on appeal), to include whether etiology opinions are warranted. KRISTY L. ZADORA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christopher O'Donnell, 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.