Citation Nr: 21013605 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 19-18 872A DATE: March 10, 2021 REMANDED Entitlement to service connection for a kidney disorder is remanded. Entitlement to service connection for hypertension is remanded. REASONS FOR REMAND The Veteran served on active duty in the Navy from June 1965 to June 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an October 2018 rating decision issued by a regional office (hereinafter agency of original jurisdiction or AOJ) of the Department of Veterans Affairs (VA). The Veteran and his spouse testified before the undersigned Veterans Law Judge in a January 2021 virtual hearing, a transcript of which is attached to the record. This case has been advanced on the docket pursuant to 38 U.S.C. § 7107(b)(3). 38 C.F.R. § 20.900(c). 1. Entitlement to service connection for a kidney disorder is remanded. 2. Entitlement to service connection for hypertension is remanded. The Veteran asserts that his current kidney and blood pressure disorders are due to his active service. At a January 2021 Board hearing, the Veteran and his spouse testified that the Veteran was diagnosed with stage three chronic kidney disease in 2011. They also reported that the Veteran was diagnosed with hypertension in approximately 2017 and was currently prescribed medication to control his blood pressure. The Veteran has claimed that his hypertension is due to inservice herbicide exposure, which has been conceded by VA. He has also claimed in both hearing testimony and lay statements that his kidney disorder is the result of drinking water contaminated with aviation fuel while serving aboard the aircraft carrier USS Oriskany. In a January 2021 lay statement, a fellow sailor echoed this claim, stating that while serving with the Veteran aboard the Oriskany he could regularly smell, taste and occasionally see aviation fuel in the drinking water. In January 2021, the Veteran’s private treating physician opined that, based on the Veteran’s report of repeated exposure to jet fuel through shipboard drinking water, his kidney disorder was more likely than not due to his service. In support of this statement, the doctor noted that the Veteran did not manifest hypertension, diabetes or any of the common issues responsible for causing chronic kidney disease. However, as noted above, the Veteran and his spouse testified that he has been diagnosed with hypertension since 2017. The medical evidence currently of record does not confirm a diagnosis of hypertension. The Board finds that complete private medical records are necessary to resolve this evidentiary conflict. The Board further notes that the Veteran has not been afforded VA examinations for either of the claims listed above. A VA medical examination is required when there is competent evidence of a current disability, evidence of an inservice event, injury or disease, indication that a current disability may be service related, and there is otherwise insufficient medical evidence to make a decision. McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006). The threshold for determining whether the evidence “indicates” that there “may” be a nexus between a current disability and an in-service event, injury, or disease is a low one. Id. at 83. The Board has also considered the Veteran’s allegations that potable water aboard the USS Oriskany from 1965 to 1969 was contaminated with jet fuel. To date, there is no scientific evidence confirming this suspicion. As such, the Board cannot determine the probative value of the private medical opinion at this time. The AOJ should investigate whether there is evidence in Navy records regarding the Veteran’s claim of drinking water consistently contaminated with aviation fuel aboard the USS Oriskany from 1965 to 1969. The matters are REMANDED for the following action: 1. Contact the Veteran and request that he complete a VA Form 21-4121 identifying and granting permission to retrieve any private treatment records relevant to his claims of entitlement to service connection for hypertension and a kidney disorder. 2. Invite the Veteran to submit any scientific or other evidence demonstrating fuel contamination of the USS Oriskany water system during the Veteran’s service aboard ship from 1965 to 1969. (continued on the next page) 3. Contact the U.S. Department of the Navy and attempt to retrieve any historical information that can confirm whether there was fuel contamination of the USS Oriskany water system during the Veteran’s service aboard ship from 1965 to 1969. The service department should consider the theory that there was a leak from the avgas tanks to the water system, or that the jet fuel spills in the ocean were not properly filtered in the water system. The service department should explain whether this was physically possible, and should also explain, to the extent possible, why the potable water smelled and had a rainbow effect appearance. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. C. Schumacher, 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.