Citation Nr: 21027626 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 17-16 983 DATE: May 6, 2021 REMANDED Service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1969 to August 1973. He died in May 2015, and the Appellant is his surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision. This issue was before the Board in September 2019 at which time service connection for the cause of the Veteran's death was denied. The Veteran appealed the denial to the Court of Appeals for Veterans Claims (Court). In a September 2020 decision, the Court set aside the Board's decision and remanded the matter for further development and adjudication. The Court found the duty to assist had not been satisfied because the Board did not adequately explain whether appropriate attempts had been made to assist in verifying that the Veteran had been exposed to herbicide agents during service. Service connection for the cause of the Veteran's death is remanded. The Appellant is seeking service connection for the cause of the Veteran's death, which she asserts is due to exposure to herbicides while on active duty in Thailand. The Veteran's death certificate shows he died in May 2015. His death certificate indicates the immediate cause of death was cardiorespiratory arrest due to or because of metastatic lung cancer with renal cell cancer and COPD being other significant conditions contributing to the death but unrelated to the cardiorespiratory arrest or metastatic lung cancer. Here, the only contested issues of fact are 1) whether the Veteran travelled to Thailand while on active duty and 2) whether he was exposed to herbicide agents while on active duty in Thailand. The available military records do not reflect the Veteran served in the Republic of Vietnam, and they do not definitively show he traveled to Thailand. See, e.g., December 2020 Appellant's Brief. As to whether the Veteran had active duty service in Thailand, the Board acknowledges the Veteran's military personnel records reflecting his preferences for deployment. He indicated his first preference was Thailand and his second preference were the Philippines. While the Veteran had one year, three months, and seven days of overseas duty, his DD-214 specifically states there was no Indochina, Vietnam, or Korea service. However, the Veteran's DD-214 does not state a negative as to active duty service in Thailand. The Board further notes the Veteran's preferences document his first and second preferences to be Thailand and the Philippines, and a designation code of "12" is noted with a residency requirement for both marked "No." This information does not appear to be determinative as to there being no active duty service in either country as his military records do reflect active duty service in the Philippines. The current record does not reflect service medals or service personnel records to indicate there was service in Thailand, and the service department records reflect the Veteran's term of foreign service included the Philippines and Taiwan. VA has not recognized in-service herbicide exposure in these locations. In a May 2015 typewritten letter from the Veteran just prior to his death, he discussed his service and alleged exposure to herbicides. He states, after completing aircraft mechanic school, he was assigned to a crew chief for maintenance on C-130 aircrafts. He acknowledges being stationed in the Philippines; however, he also alleges while in the Philippines, he was sent for two 90-day temporary stays in Udorn, Thailand and was assigned to the 7th A.C.C.S., during the process of moving from Udorn to Korat Air Force Base in Thailand. Then, he was reassigned a permanent change of station to Taiwan. He alleges he worked near the base perimeter in Taiwan. While the Veteran's military records do not put him as having been boots on the ground in Thailand, they do confirm his other assertions that he completed aircraft mechanic school, was assigned to a crew chief for maintenance on C-130 aircraft, and was stationed in the Philippines and Taiwan. Furthermore, the Board notes a February 1972 endorsement describes the Veteran as having been "a definite asset in the accomplishment of our mission in Southeast Asia." Accordingly, a remand is required to further develop the record to determine whether the Veteran served in Thailand, to include two 90-day temporary duties, and was exposed to herbicides during active service there. The matters are REMANDED for the following action: Follow all current development procedures, including contacting the National Archives and Records Administration (NARA), United States Armed Services Center for Research of unit Records (USASCRUR), Joint Services Records Research Center (JSRRC), and/or other appropriate sources, for a determination as to whether the Veteran was exposed to herbicide agents during his active service pursuant to the VA Adjudication Procedures Manual. (a) Follow all current development procedures, including contacting the NARA, USASCRUR, JSRRC, and/or other appropriate sources, for a determination of whether the Veteran served in Thailand, to include on two 90-day temporary duties in Thailand, with the 7th A.C.C.S., during the time period when he served overseas. Make a formal finding. (b) Follow all current development procedures, including contacting the NARA, USASCRUR, JSRRC, and/or other appropriate sources, for a determination of whether the Veteran's service in Thailand would have resulted in exposure to any herbicide agents during such service. Make a formal finding. All development and responses should be associated with the claims file. Y. Taylor Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Buck Denton 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.