Citation Nr: 21028744
Decision Date: 05/12/21	Archive Date: 05/11/21

DOCKET NO. 17-31 339
DATE: May 12, 2021

REMANDED

Entitlement to service connection for coronary arteriosclerosis, status post triple bypass surgery, is remanded.

Entitlement to service connection for colon cancer is remanded.

Entitlement to service connection for diabetes mellitus, type II (diabetes) is remanded.

REASONS FOR REMAND

The Veteran had active service from 1958 to 1962.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision.

During this appeal, the Veteran testified at a hearing via live video conference in February 2018 before a Veterans Law Judge (VLJ) who is no longer available to participate in the decision on appeal.  Consequently, the Veteran was provided with a letter in March 2021 advising him of his right to request an additional hearing before another VLJ who would participate in this decision.  In March 2021 correspondence, the Veteran responded that he did not wish for another hearing.  Therefore, the Board will continue with adjudication.

This matter was previously before the Board in June 2018.

All issues are remanded.

The Veteran seeks service connection for coronary arteriosclerosis, colon cancer, and diabetes as a result of his exposure to dangerous substances while serving on an army freight ship.  The Veteran has generally asserted that this material was radioactive and sought service-connection on that basis.  However, in November 2019, the Veteran submitted information indicating that the material his freight ship was transporting a chemical agent that is a component of nerve agents called lewisite.  Consequently, a remand is required in order to obtain adequate opinions as to whether the Veteran's claimed condition are at least as likely as not related to this substance.

The matters are REMANDED for the following actions:

1. Obtain addendum opinions from an appropriate clinician or clinicians regarding whether the Veteran's coronary arteriosclerosis, colon cancer, and diabetes are at least as likely as not related to the Veteran's asserted in-service exposure to lewisite.  In the event that these opinions cannot be provided without an additional examination or examinations, the Veteran should be provided with any necessary VA examinations.

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2. After the development requested above, and any additional development that may be indicated as a result, readjudicate the claims on appeal.  If the claims are not decided to the Veteran's satisfaction, provide the Veteran and his representative with an appropriate supplemental statement of the case (SSOC) and the requisite time to respond.  Then, if the file is otherwise in order, return the matters to the Board for additional appellate review.

 

 

Neely M. Peden

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, 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.