Citation Nr: 21014170 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 14-38 057 DATE: March 11, 2021 REMANDED Entitlement to service connection for type II diabetes mellitus, to include as due to herbicide exposure is remanded. Entitlement to service connection for erectile dysfunction, as secondary to diabetes mellitus is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from November 1955 to November 1975. The Veteran died in June 2015. The Appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). Remand The July 2019 Board remand instructed the AOJ to take several steps to develop the evidentiary record regarding the Veteran’s military service. Specifically, the RO was to contact the Joint Service Records Research Center (JSRRC) to request verification on whether the Veteran landed in Vietnam between January 1966 and January 1967. The JSRRC was to be informed that the Veteran served with the 8th Tactical Fighter Wing of the 13th Air Force. All attempts to obtain the evidence were to be documented in the claims file and if after all procedurally appropriate actions to locate and secure the documents were exhausted, and it was reasonably certain such records did not exist or further efforts to obtain them would be futile, the RO was to make a formal finding of unavailability. The Board notes that a February 2020 JSRRC request form is documented in the claims file. However, it appears the dates requested to be searched were January 1966 to March 1966, and November 1966 to January 1967. The period from March 1966 to November 1966 appears to have not been requested. Additionally, this claim appears to have been closed by the JSRRC because the RO did not provide a complete unit assignment, as there are many groups organized under a Wing. The record also contains an April 2020 JSRRC request form that noted the Veteran’s claimed exposure period as January 1966 to February 1966. However, the Period covering February 1966 to January 1967 is again absent. Further, the request form noted that the Veteran was stationed at Udorn AFB in Thailand. However, the Board notes that the Veteran’s service records indicate that he was stationed at Ubon AFB. An October 2020 record from the National Archives noted that they were unable to locate the Records for the Wing from the 1960s, but that unit records in their custody would not include temporary duty assignments for individuals. Finally, a December 2020 Veteran’s Benefits Administration, Compensation Service, Military Records Research Center indicated that they reviewed the 8th Tactical Fighter Wing records from January 1966 to June 1966, however the history did not document that the Wing flew to Vietnam during this period. Again, the Board notes that any information from the period of June 1966 to January 1967 does not seem to have been researched. As such, the Board finds that the RO has not sufficiently researched the Veteran’s service records as required by the July 2019 remand. Further, while the Board notes the above attempts to locate the Veteran’s service records, it finds that the claim file does not contain a formal finding of unavailability as required by the July 2019 remand orders. The July 2019 remand instructed the RO to take all procedurally appropriate actions to locate and secure the records regarding whether the Veteran landed in Vietnam until it made a formal determination that the records either do not exist or that further efforts to obtain those records would be futile. See 38 C.F.R. § 3.159. As the complete time period indicated by the Board in its July 2019 remand has yet to be searched, and as proper formal finding of unavailability was not made, the issues on appeal must be remanded to ensure compliance with those orders. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Contact JSRRC for verification as to whether the Veteran landed in Vietnam between January 1966 and January 1967 through unit history’s or other related records. JSRRC should be advised that the Veteran served with the 8th Tactical Fighter Wing of the 13th Air Force. (Continued on the next page)   All efforts to obtain the evidence and findings thereof must be documented in the claims file. If after all procedurally appropriate actions to locate and secure the records have been exhausted, and it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile, make a formal finding to that effect. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Gresham 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.