Citation Nr: 21029589 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 15-33 165 DATE: May 14, 2021 REMANDED Entitlement to service connection for diabetes mellitus, to include as due to exposure to contaminated water at Camp Lejeune, and/or claimed exposure to herbicides at Okinawa, is remanded. Entitlement to service connection for hypertension, to include as due to exposure to contaminated water at Camp Lejeune, and/or claimed exposure to herbicides in Okinawa, is remanded. Entitlement to service connection for a thyroid condition, to include as due to exposure to contaminated water at Camp Lejeune, and/or claimed exposure to herbicides in Okinawa, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from July 1973 to October 1975. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky. The Veteran presented sworn testimony at a hearing before the undersigned in February 2018. 1. Entitlement to service connection for diabetes mellitus, to include as due to exposure to contaminated water at Camp Lejeune, and/or claimed exposure to herbicides at Okinawa, is remanded. 2. Entitlement to service connection for hypertension, to include as due to exposure to contaminated water at Camp Lejeune, and/or claimed exposure to herbicides in Okinawa, is remanded. 3. Entitlement to service connection for a thyroid condition, to include as due to exposure to contaminated water at Camp Lejeune, and/or claimed exposure to herbicides in Okinawa, is remanded. The Board remanded these matters in November 2018 for additional development. Specifically, the Board directed the RO to schedule the Veteran for VA examination of each issue to determine their onset and etiology. The RO neglected to schedule such examinations. A Board remand confers upon an appellant the right to compliance with that order. Stegall v. West, 11 Vet. App. 268, 271; D'Aries v. Peak, 22 Vet. App. 97, 105 (2008) (holding that there must be substantial compliance with the terms of a Court or Board remand). As such, a remand to schedule the appropriate examinations is required. Further, the Board notes that the RO has not attempted to corroborate the Veteran's claimed exposure to herbicides, claimed as Agent Orange, while stationed in Okinawa. The Board also finds a remand is required to attempt to corroborate the Veteran's claimed herbicide exposure in Okinawa. The matters are REMANDED for the following action: 1. Attempt to verify the Veteran's asserted in-service exposure to herbicide agents. If more details are needed, contact the Veteran to request the information. If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the Veteran of VA's inability to verify the in-service herbicide agent exposure. 2. Schedule the Veteran for a VA examination for his diabetes mellitus. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Is diabetes mellitus at least as likely as not related to service? Is diabetes mellitus at least as likely as not related to claimed in-service exposure to herbicide agents? Is diabetes mellitus at least as likely as not related to contaminants in the water during service at Camp Lejeune? The examiner's attention is invited to the September 1975 service treatment record which notes the Veteran reported experiencing dizziness, dyspnea, and nausea for 1 year after a sudden onset. The examiner is advised that a negative opinion cannot be based solely on the fact that diabetes mellitus is not on the list of diseases that are presumptively associated with exposure to contaminants in the water supply at Camp Lejeune. It is not sufficient to base an opinion on a mere lack of documentation of complaints in the service or post-service treatment records. 3. Schedule the Veteran for a VA examination for his hypertension. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Is hypertension at least as likely as not related to service? Is hypertension at least as likely as not related to in-service exposure to herbicide agents? Is hypertension at least as likely as not related to contaminants in the water during service at Camp Lejeune? The examiner's attention is invited to the September 1975 service treatment record which notes the Veteran reported experiencing dizziness, dyspnea, and nausea for 1 year after a sudden onset. It is not sufficient to base an opinion on a mere lack of documentation of complaints in the service or post-service treatment records. 4. Schedule the Veteran for a VA examination for his thyroid condition. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Is thyroid condition at least as likely as not related to service? Is thyroid condition at least as likely as not related to in-service exposure to herbicide agents? The examiner is advised that a negative opinion cannot be based solely on the fact that the thyroid condition is not on the list of diseases that are presumptively associated with exposure to herbicide agents. Is thyroid condition at least as likely as not related to contaminants in the water during service at Camp Lejeune? The examiner's attention is invited to the September 1975 service treatment record which notes the Veteran reported experiencing dizziness, dyspnea, and nausea for 1 year after a sudden onset. The examiner is advised that a negative opinion cannot be based solely on the fact that the thyroid condition is not on the list of diseases that are presumptively associated with exposure to contaminants in the water supply at Camp Lejeune. It is not sufficient to base an opinion on a mere lack of documentation of complaints in the service or post-service treatment records. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Brian P. Keeley 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.