Citation Nr: 21027006 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 16-14 460 DATE: May 4, 2021 REMANDED Entitlement to service connection for prostate cancer is remanded. REASONS FOR REMAND The Veteran had active duty service from November 1970 to May 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which continued the previous denial of service connection for prostate cancer. The Veteran testified before a Veterans Law Judge (VLJ) at a Board hearing in February 2019. This VLJ is no longer employed at the Board. The Veteran was advised that he may request an additional hearing in a March 2021 letter. The Veteran did not request the additional hearing within thirty days of the letter. A copy of the February 2019 hearing transcript has been reviewed and associated with the claims file. In a March 2019 decision, the RO reopened and denied the claim of service connection for prostate cancer. The Veteran appealed this decision to the US Court of Appeals for Veterans Claims (CAVC). The parties agreed to a Joint Motion for Partial Remand (JMR). In a July 2020 Order, CAVC granted the JMR and vacated and remanded the issue. Entitlement to service connection for prostate cancer is remanded. The Veteran has been diagnosed with prostate cancer and asserts that it was incurred due to his exposure to Agent Orange in service. The Veteran's military personnel records reveal that he had foreign service in Korea from April 29, 1971, to May 23, 1972. During that time, he was assigned to the 2nd Infantry Division, 110th military police company, as a military policeman dog handler. His records also reveal that he attended Sentry Dog School in Okinawa, Japan, for eight weeks in 1971. Pursuant to VA regulations, a veteran who served in active military service between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, are presumed to have been exposed during that time period to Agent Orange. See 38 C.F.R. §§ 3.307(a)(6)(iv), 3.814(c)(2). The RO submitted a request to the Defense Personnel Records Information System (DPRIS) and the DPRIS responded in May 2013 indicating that there were no records of spraying, testing, transporting, storage, or usage of Agent Orange in Okinawa, Japan, during the period of March to April 1971. Moreover, it was unable to locate 1972 records from the 110th military police company but there was no documented use, storage, spraying, or transporting of herbicides at Camp Casey during 1972. It noted that Camp Casey was approximately 13 miles from the DMZ zone. At the outset, the Board notes that this DPRIS request is insufficient to determine the present claim. In this regard, the Veteran's military personnel records reveal that he had foreign service in Korea from April 29, 1971, to May 23, 1972. His personnel records associated with the claims file do not indicate the dates of his service at Camp Casey. Thus, it is unclear whether he served at Camp Casey, which was located 13 miles from the DMZ zone, during the relevant time period from April 29, 1971, to August 31, 1971. See 38 C.F.R. §§ 3.307(a)(6)(iv), 3.814(c)(2). Moreover, the DPRIS request was only limited to the year of 1972 for Camp Casey. In addition, in a March 2005 statement, the Veteran indicated he also spent time at Camp Ames and there was no request or response by DPRIS indicating the proximity to the Korean DMZ or whether there were any records of Agent Orange at this location. Lastly, following the May 2013 DPRIS response, the Veteran submitted articles and photographs regarding possible Agent Orange located in Okinawa, Japan. Accordingly, the Board finds that a remand is warranted in order for the RO to obtain and associate with the claims file the Veteran's date(s), location(s), and proximity to the Korean DMZ from April 1971 to August 31, 1971, and correlating personnel records. Moreover, the RO should make updated request(s) to DPRIS regarding any exposure to Agent Orange during his time at Camp Casey, Camp Ames, and/or Okinawa, Japan. The matter is REMANDED for the following actions: 1. The RO should obtain and associate with the claims file the Veteran's complete military personnel records from November 1970 to May 1972, including any performance reports. (Continued on the next page) 2. The RO should obtain and associate with the claims file the exact dates, locations, and proximity to the Korean DMZ of the Veteran's service in Korea from April 1971 to August 31, 1971. 3. After completion of #1 and #2, and all date(s) and location(s) have been confirmed, the RO should make an updated request(s) to DPRIS regarding any records of spraying, testing, transporting, storage, or usage of Agent Orange at Camp Casey, Camp Ames, and Okinawa, Japan, during the relevant time periods. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. (Hurley) Merrick 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.