Citation Nr: 21014014 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 17-56 360 DATE: March 11, 2021 REMANDED Entitlement to service connection for prostate cancer, including as due to herbicide exposure, is remanded. Entitlement to service connection for diabetes mellitus, including as due to herbicide exposure, is remanded. Entitlement to service connection for peripheral neuropathy of the left lower extremity, including as due to herbicide exposure, or as secondary to diabetes mellitus, is remanded. Entitlement to service connection for peripheral neuropathy of the right lower extremity, including as due to herbicide exposure, or as secondary to diabetes mellitus, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1957 to July 1961. The issues were previously before the Board in May 2019 when they were remanded for further development. 1. Entitlement to service connection for prostate cancer, including as due to herbicide exposure 2. Entitlement to service connection for diabetes mellitus, including as due to herbicide exposure 3. Entitlement to service connection for peripheral neuropathy of the left lower extremity, including as due to herbicide exposure, or as secondary to diabetes mellitus 4. Entitlement to service connection for peripheral neuropathy of the right lower extremity, including as due to herbicide exposure, or as secondary to diabetes mellitus The Veteran contends that he developed from prostate cancer, diabetes mellitus, and peripheral neuropathies of the left and right lower extremities as a result of herbicide exposure in service. See March 2017 Notice of Disagreement. The Veteran claims that while stationed in Panama from April 1958 to April 1960, he worked in a radio station next to an antenna field that was sprayed with herbicides. He claims that he “did regular target practice in the antenna field several times a week for a few hours at a time.” See February 2016 statement. In the alternative, the Veteran contends that his peripheral neuropathy of the bilateral lower extremities is secondary to his diabetes mellitus. A review of the Veteran’s military personnel confirms that he was stationed at Fort Amador in Panama from April 1958 to April 1960. See History of Assignments. The issues were remanded by the Board in May 2019 in order to attempt to verify the Veteran’s claimed exposure to herbicide agents in service. The RO was directed to submit requests for verification covering the pertinent period in 60-day increments. In December 2020, the Army Joint Services Records Research Center (JSRRC) provided a response regarding the Veteran’s claimed exposure to herbicides while stationed at Fort Amador in Panama from May 1958 to April 1960. The Veteran’s ship history on the USS Plymouth Rock showed that “from May to October 1958 the USS Plymouth Rock operated as a unit of the 6th Fleet in the Mediterranean, participating in the landing of U.S. Marines in Lebanon in July.” The ship “made a Caribbean cruise to Puerto Rico and Cuba.” “In February 1960 she participated in Operation ‘Amigo,’ carrying support helicopters and other equipment from President Eisenhower’s visit to South America.” From March to December 1960, the ship “again deployed to the Mediterranean.” The JSRRC noted that there is no record of herbicide use in Panama in 1958. The Board notes that the Veteran was stationed in Fort Amador from April 1958 to April 1960. He was received for duty on the USS Plymouth Rock in May 1960. Although the JSRRC response found that there was no record of herbicide use in Panama in 1958, it is not clear if there was herbicide use in Panama in 1959 or the beginning of 1960, while the Veteran was still stationed in Fort Amador. As such, the Board finds that a remand is required prior to adjudication of these issues as the RO needs verify the Veteran’s claimed exposure to herbicide agents in service during the period from January 1959 through April 1960. The matters are REMANDED for the following action: 1. Verify the Veteran’s claimed exposure to herbicide agents in service while stationed at Fort Amador in Panama from January 1959 to April 1960 from the appropriate agency(ies). In doing so, the RO is reminded that the duty to assist requires, if necessary, the submission of multiple requests for verification covering the pertinent period in 60-day increments. All requests and responses received should be associated with the claims file. 2. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran’s pending claim in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Morrad, 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.