Citation Nr: 21027764
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 15-33 852
DATE: May 6, 2021

REMANDED

Service connection for a heart disorder, to include as due to herbicide agent exposure, is remanded.

Service connection for diabetes mellitus, to include as due to herbicide agent exposure, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1962 to March 1964. The Board of Veterans' Appeals (Board) denied his claims for service connection for a heart disorder and diabetes mellitus in a February 2019 decision. In September 2020, the Court of Appeals for Veterans Claims (Court) set aside that decision, finding that the Board failed to explicitly assess the credibility of his statements about in-service herbicide exposure in Thailand in 1963. The Court remanded for further development, if necessary, and readjudication. See Memorandum Decision at 6-7.

On review of the record, the Board finds no indication that the agency of original jurisdiction (AOJ) attempted to verify the claimed exposure in accordance with VA adjudication procedures. Remand is necessary so that the AOJ can send a request to the Joint Services Records Research Center (JSRRC), or another appropriate government agency, for verification of exposure to herbicides. See Memorandum for the Record on Herbicide Use in Thailand During the Vietnam Era (December 2011). 

The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file.

The matters are REMANDED for the following action:

1. Send a request to the JSRRC, or another appropriate government agency, for verification of exposure to herbicides in Korat, Thailand, between June 6, 1963 and July 12, 1963. If more details are needed, contact the Veteran to request the information. If there is still insufficient information, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the Veteran of VA's inability to verify exposure.

2. Readjudicate the Veteran's claims. If any claim remains denied, issue a supplemental statement of the case, and allow the Veteran and his representative the opportunity to respond. Then return to the Board for further appellate review.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D.Z. Wall, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.