Citation Nr: 21027167
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 20-28 864
DATE: May 4, 2021

REMANDED

Service connection for right parotidectomy and neck dissection to include lymph nodes claimed as parotid gland, lymph nodes, as secondary to Camp Lejeune Contaminated Water (CLCW) exposure is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1971 to January 1973.

A remand is necessary to obtain an addendum medical opinion regarding the likely etiology of the claimed disability and to attempt to obtain Social Security Administration (SSA) records.

Notably, the Veteran's CLCW exposure is conceded, and the presence of a current disability is undisputed.  However, VA has not yet attempted to obtain a medical opinion only because the diagnosed disability is not a presumptive disease due to exposure to CLCW.  Nonetheless, the Veteran is not precluded from establishing service connection through proof of direct causation.  See Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994).

In addition, there is indication in the record that the Veteran is in receipt of SSA benefits.  The Board notes that VA has a duty to obtain SSA records when it has actual notice that the Veteran is receiving SSA benefits.  Murincsak v. Derwinski, 2 Vet. App. 363 (1992). 

The matters are REMANDED for the following action:

1.  Contact the Social Security Administration (SSA) and request copies of SSA's determination on the Veteran's claim for SSA disability benefits, as well as copies of the complete medical records considered in that determination.  A copy of any response from SSA, including any records obtained and/or a negative reply, should be included in the claims file.

2.  Ensure that all outstanding VA treatment records are associated with the claims file. 

3.  Then, obtain an addendum opinion from an appropriate VA examiner as to the nature and etiology of the Veteran's right parotidectomy and neck dissection to include the lymph nodes.  The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials.  The need for another examination is left to the discretion of the medical professional offering the addendum opinion.

After a review of the record, the examiner is asked to respond to the following: 

Provide an opinion as to whether it is at least as likely as not (50 percent probability or higher) that the Veteran's right parotidectomy and neck dissection to include lymph nodes had its onset during active duty service or is otherwise causally and etiologically related to it, to include as secondary to CLCW exposure.

A complete rationale should be provided for all opinions.

4.  Thereafter, readjudicate the remanded claim.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Yaffe, 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.