Citation Nr: 21029405
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 19-15 798A
DATE: May 13, 2021

REMANDED

Entitlement to service connection for type 2 diabetes mellitus is remanded.

Entitlement to service connection for coronary artery disease is remanded.

Entitlement to service connection for cancer of the pancreas is remanded.

Entitlement to service connection for polyneuropathy of the right lower extremity is remanded.

Entitlement to service connection for polyneuropathy of the left lower extremity is remanded.

 

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from September 1963 to November 1967, including service in the Republic of Vietnam.  He died in April 2019.  The appellant is the Veteran's surviving spouse and has been substituted as the claimant for the purposes of processing the above-listed claims to completion.  38 U.S.C. § 5121A.

These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2018 rating decision by the VA Regional Office (RO).  

1. Entitlement to service connection for type 2 diabetes mellitus is remanded.

2. Entitlement to service connection for coronary artery disease is remanded.

3. Entitlement to service connection for cancer of the pancreas is remanded.

4. Entitlement to service connection for polyneuropathy of the right lower extremity is remanded.

5. Entitlement to service connection for polyneuropathy of the left lower extremity is remanded.

In February 2019, the Veteran submitted a timely VA Form 21-0958 (Notice of Disagreement), with an August 2018 rating decision that denied service connection for type 2 diabetes mellitus, coronary artery disease, cancer of the pancreas and polyneuropathy of the right and left lower extremity.  The RO has not yet issued the appellant a Statement of the Case (SOC) regarding these claims, and must do so on remand.  See Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).  The Board notes that it has conceded presumptive herbicide exposure based on service in Vietnam in a separate decision, and such theory of entitlement must be addressed when adjudicated.  See May 2021 Board decision.  

The matters are REMANDED for the following action:

Issue a SOC addressing the claims of service connection for type 2 diabetes mellitus, coronary artery disease, cancer of the pancreas and polyneuropathy of the right and left lower extremity, to specifically include whether any disabilities are due to conceded herbicide exposure during service in the Republic of Vietnam.  

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Marley, 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.