Citation Nr: 21023177 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 14-31 345 DATE: April 20, 2021 REMANDED Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a skin disability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1963 to November 1967. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon in September 2011 and August 2013. This matter was previously before and remanded by the Board in August 2018 for further development. 1. Entitlement to service connection for hypertension is remanded. 2. Entitlement to service connection for a skin disability is remanded. The Veteran claims that his skin disability, to include dermatitis and ringworm, and hypertension are caused by his exposure to Agent Orange and by jet fuel occasionally spilling on him while he served on active duty. Specifically, he asserts that, during a tour in Mactan Isle/Island, in the Philippines, he was temporarily sent for a 90-day tour of duty at Tan Son Nhut Air Force Base in Vietnam, and that he served as a jet engine mechanic working on C130 and C123 jets that were used to spray Agent Orange. His DD Form 214 shows a specialty of jet engine mechanic and his personnel records also indicate that he was a jet engine mechanic. In October 2007, the AOJ sent a request for the Veteran’s dates of service through the Defense Personnel Records Information Retrieval System (DPRIS), and it received a response indicating that there is no evidence in this Veteran’s file to substantiate any service in the Republic of Vietnam. The Board is not able to find any other record of attempts by the AOJ to verify the Veteran’s exposure to Agent Orange. Under 38 C.F.R. § 3.307(a)(6)(v), an individual who performed service in the Air Force or Air Force Reserve under circumstances in which the individual concerned regularly and repeatedly operated, maintained, or served onboard C-123 aircraft known to have been used to spray an herbicide agent during the Vietnam era shall be presumed to have been exposed during such service to an herbicide agent. The Board notes that there are specific procedures in effect for development and adjudication of claims related to exposure to herbicides. Here, the Veteran claims that he was exposed to Agent Orange while working on C123s and C130s in the Philippines and/or Vietnam during his tour of duty in the Philippines which spanned from December 1965 to November 1966. Therefore, a remand is necessary to verify the Veteran’s claimed service in Vietnam and exposure to Agent Orange, including while working on C123 aircraft. Furthermore, the VA medical opinions in the claims file do not explicitly address whether the Veteran’s skin disability or hypertension is at least as likely as not related to his possible exposure to herbicide agents. Thus, on remand, if the Veteran’s service in Vietnam or his exposure to Agent Orange or other such herbicide agents is verified, a VA medical opinion should be obtained regarding whether the Veteran’s skin disability or hypertension is at least as likely as not related to his exposure to herbicide agents. The matters are REMANDED for the following action: 1. Attempt to verify the Veteran’s asserted in-service exposure to herbicide agents, including, if necessary sending the information regarding the Veteran’s described herbicide exposure to the Compensation Service at VAVBAWAS/CO/211/AGENT ORANGE, and request a review of the Department of Defense’s (DOD’s) inventory of herbicide operations to determine whether herbicides were used as described. If more details are needed, contact the Veteran to request the information. If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the Veteran and notify him of VA's inability to verify the in-service herbicide agent exposure. Regarding the Veteran’s description of his herbicide exposure, the Veteran claims: (a) that he was exposed to Agent Orange while working on C123s and C130s in the Philippines and/or Vietnam during his tour of duty in the Philippines, which spanned from December 1965 to November 1966; (b) that he did a 90 day tour of duty in Vietnam during that period; and (c) that he received hazard pay during his tour in Vietnam. 2. If the Veteran’s service in Vietnam or exposure to Agent Orange/herbicide agents is verified, obtain an opinion from an examiner regarding whether the Veteran’s hypertension is at least as likely as not related to his in-service exposure to Agent Orange/herbicide agents. The examiner should provide a rationale for the opinion. 3. If the Veteran’s service in Vietnam or exposure to Agent Orange/herbicide agents is verified, obtain an opinion from an examiner regarding whether the Veteran’s skin disability is at least as likely as not related to his in-service exposure to Agent Orange/herbicide agents. The examiner should provide a rationale for the opinion Ashley Castillo Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Banks, 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.