Citation Nr: 21025424 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 16-26 438 DATE: April 28, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1971 to January 1974. He died in June 2009 and the appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in March 2015 by a Department of Veterans Affairs (VA) Regional Office. In March 2021, the appellant testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. Entitlement to service connection for the cause of the Veteran's death. The Veteran’s death certificate reflects that his immediate cause of death was metastatic lung cancer, and significant conditions contributing to death but not resulting in the underlying cause included pulmonary emboli, respiratory failure, hypertension, and diabetes mellitus, type II. The appellant has advanced the narrow theory of entitlement that the Veteran’s metastatic lung cancer is due to his alleged exposure to herbicide agents during his military service. See Robinson v. Shinseki, 557 F.3d 1355, 1361 (2008). Specifically, the appellant alleges that the Veteran was exposed to herbicide agents while he was stationed at Clark Air Force Base in the Philippines and during temporary duty assignments to Ching Chuan Kang (CCK) Air Base in Taiwan as he was in the military police and guarded planes that were coming from Vietnam. In this regard, the Veteran’s service personnel records indicate that he was authorized for temporary duty from Clark Air Force Base, Philippines, to CCK Air Base, Taiwan, on July 23, 1973 for approximately 90 days for the purpose of Commando Domino Oplan C107B. His DD 214 also noted that his military occupational specialty was a law enforcement specialist. However, VA has not yet attempted to verify the appellant’s allegation that the Veteran was exposed to herbicide agents during his military service. Thus, the Board finds that a remand is necessary for the Agency of Original Jurisdiction (AOJ) to contact any appropriate entity, to include the Joint Services Records Research Center (JSRRC), to verify whether the Veteran’s military occupational specialty as a law enforcement specialist resulted in exposure to herbicide agents while stationed at Clark Air Force Base, Philippines, and on temporary duty to CCK Air Base, Taiwan. The matters are REMANDED for the following action: Contact any appropriate entity, to include JSRRC, to attempt to verify whether the Veteran’s military occupational specialty as a law enforcement specialist resulted in exposure to herbicide agents while stationed at Clark Air Force Base, Philippines, and on temporary duty to CCK Air Base, Taiwan. (a) Such entity should research whether the Veteran’s military occupational specialty of a law enforcement specialist stationed at Clark Air Force Base, Philippines brought him into contact with herbicide agents, to include by coming into contact with aircraft/equipment that was returning from Vietnam. (b) Such entity should also research whether the Veteran’s temporary duty assignment at CCK Air Base, Taiwan, for the duty purpose of Commando Domino Oplan C107B in July 1973 brought him into contact with herbicide agents. All efforts to verify such exposure should be documented. Any additional action necessary for independent verification of the Veteran’s alleged exposure to herbicide agents, to include follow-up action requested by the contacted entity, should be accomplished. If the search for corroborating records leads to negative results, notify the appellant and afford her the opportunity to respond. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Clark, 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.