Citation Nr: 21026499 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 15-06 251 DATE: May 3, 2021 REMANDED 1. Entitlement to service connection for a disability manifested by memory loss is remanded. 2. Entitlement to service connection for hypertension is remanded. 3. Entitlement to service connection for a low back disability is remanded. 4. Entitlement to service connection for sciatica is remanded. 5. Entitlement to service connection for a respiratory disorder is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from July 1958 to January 1959. These matters are before the Board on appeal from a June 2014 Department of Veterans Affairs (VA) rating decision. In March 2018, a videoconference hearing was held before the undersigned; a transcript is in the record. In June 2018, the matters were remanded for additional development. 1. Entitlement to service connection for a disability manifested by memory loss is remanded. 2. Entitlement to service connection for hypertension is remanded. 3. Entitlement to service connection for a low back disability is remanded. 4. Entitlement to service connection for sciatica is remanded. 5. Entitlement to service connection for a respiratory disorder is remanded. During the March 2018 hearing before the undersigned, the Veteran testified that while aboard ship, he was sent inside a tank or vessel and that the next thing he knew is that he was brought to a hospital. He stated that he was found in the rear part of a compartment and was dragged out. He asserted that he was treated for carbon monoxide exposure, and that all his claimed disabilities are due to such exposure. In the previous [June 2018] remand, the Board noted that ship logs of the U.S.S. Hollister for the month during which the Veteran contends the incident occurred must be sought. The Board instructed that the AOJ obtain and review the ship logs for the U.S.S. Hollister for the month of December 1958 to corroborate the Veteran's account of exposure to hazardous fumes in a tank aboard the ship, resulting in his loss of consciousness and admission to a hospital. A May 2019 AOJ request to the Modern Military Branch at the National Archives and Records Administration (NARA) cited December 1, 1958 as the date of incident for which copies of any related investigative reports were requested. A May 2019 response from the Archives II Textual Reference Branch at NARA states that they searched the records of the Bureau of Naval Personnel (Record Group 24), Deck Logs, and located the records of the U.S.S. Hollister for 1958; the deck logs for November 1 through December 31 were reviewed, and they did not find an entry that describes the incident reported by the Veteran. The response stated that for any further questions, the AOJ should contact the Archives II Reference Section (Military), Textual Archives Services Division, National Archives. In October 2020, the AOJ contacted the Textual Reference Archives II Branch at NARA to request the Deck Logs for the entire month of December 1958, per the Board's remand instructions. In response, the Textual Reference Archives II Branch stated that the U.S. Navy Deck Logs dated 1956-1978 have been digitized by VA in partnership with the National Archives, the digitization of these records has been completed, and VA maintains a complete set of the digitized records. The NARA response further stated that VA is in an ongoing process of adding the digitized images of the U.S. Navy Deck Logs to the VA's Ship Locator Tool, and once the images are added to the VA's Ship Locator Tool, they are then transferred to the National Archives. NARA recommended reviewing the VA's Ship Locator Tool for the requested Deck Logs and, if they were not currently available in the VA's Ship Locator, then check for regular updates. A January 2021 AOJ letter to the Veteran stated that it had been determined that the U.S.S. Hollister deck logs from December 1958 cannot be located and therefore are unavailable for review. The letter stated that all efforts to obtain the needed information had been exhausted, and it had been determined that further attempts to obtain the records would be futile. The Board finds the AOJ's determination that the December 1958 U.S.S. Hollister deck logs are unavailable is inconsistent with the May 2019 response from the Archives II Textual Reference Branch at NARA, which specifically stated that the deck logs for November 1 through December 31 were reviewed, and erroneously included only a copy of the deck log for December 1, 1958 (rather than logs for the entire month of December). It stands to reason that if the complete deck logs for the relevant time period were available for NARA to review less than 2 years ago, then they may also be made available for the AOJ to review and add to the claims file. Therefore, additional development with respect to the outstanding deck logs is required. The matters are REMANDED for the following action: 1. Arrange for exhaustive development (including the ship locator tool search process suggested by NARA) to obtain and review the ship logs for the U.S.S. Hollister for the entire month of December 1958 to corroborate the Veteran's account of exposure to hazardous fumes in a tank aboard the ship resulting in his loss of consciousness and admission to a hospital. Prepare a memorandum for the record indicating whether the event is corroborated, and if not, describe in detail the scope of the search. 2. If the Veteran's accounts of injury from exposure to fumes is corroborated, arrange for all further development indicated (including for any outstanding pertinent medical records identified, and an examination to ascertain whether he has the current claimed disabilities that he alleges resulted from the incident). GEORGE R. SENYK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Schechner, 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.