Citation Nr: 21029717 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 19-16 651 DATE: May 14, 2021 REMANDED Service connection for the cause of the Veteran's death is remanded. Service connection for diabetes mellitus, as a result of exposure to herbicides, is remanded. Service connection for ischemic heart disease, as a result of exposure to herbicides, is remanded. Service connection for hypertension is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1966 to September 1970. He received the National Defense Service medal, Small Arms Expert Marksmanship Ribbon and Air Force Good Conduct Medal. He passed away in July 2017. The Board of Veterans' Appeals (Board) expresses its gratitude to the Appellant for the Veteran's honorable service to the country. The Appellant is the Veteran's surviving spouse. She submitted a VA Form 21P-0847 Request for Substitution of Claimant Upon Death of Claimant in August 2017. In June 2019 correspondence, VA informed her that it accepted her VA Form 21P-534EZ, Application for DIC, Survivor's Pension, And/or Accrued Benefits, as a request for substitution, which it granted. The Appellant testified before the undersigned Veterans Law Judge in a March 2021 hearing. 1. Service connection for the cause of the Veteran's death is remanded. 2. Service connection for diabetes mellitus, to include as a result of exposure to herbicides, is remanded. 3. Service connection for ischemic heart disease, to include as a result of exposure to herbicides, is remanded. 4. Service connection for hypertension, to include as a result of exposure to herbicides, is remanded. The Veteran's service personnel records show that he was stationed at Clark AFB in the Philippines as a security policeman. He was in the Philippines from July 1967 to January 1969. Private medical records show impressions of coronary artery disease, essential hypertension and diabetes mellitus, type II. His Certificate of Death reflects that he passed away in July 2017. The immediate cause of death was cardiac temponade (sic), due to or as a consequence of pericardial effusion, due to or as a consequence of coronary artery disease, with significant conditions contributing to death, but not resulting in the underlying causes, of severe atherosclerosis, chronic congestive heart failure, deep vein thrombosis on anticoagulation - no trauma. A March 2018 VA Memorandum presents a formal finding that VA lacked the information the US Air Force and Joint Services Records Research Center (JSRRC) required to verify herbicide exposure during the Veteran's military service. Thereafter, on a January 2019 NOD the Appellant asserted that the Veteran was exposed to Agent Orange because he was responsible for security of C-123 aircraft located at Clark AFB that were used to spray Agent Orange in Vietnam. His security responsibilities involved patrolling the perimeter and cargo areas of the aircraft on a regular basis. In January 2019 correspondence, the Veteran's son stated that his father served as part of the Security Police at Clark AFB. He recalled that the Veteran told him his duties included patrolling the perimeter of the base and the aircraft. The aircraft located at the base included the Fairchild C-123. The Veteran would tell stories about patrolling the perimeter of the aircraft and the chemical smell from the herbicides that were sprayed during operations in Vietnam. He also stated that the perimeter of the base was sprayed with the same herbicides to prevent growth of vegetation as a security measure to improve visibility. He described the perimeter as barren and without any vegetation. The Appellant testified during the March 2021 hearing that the Veteran was exposed to herbicides while stationed at Clark AFB. He told her that he had laid in a swamp to try to capture locals who cut the perimeter fence in order to steal items from the commissary. He observed the base perimeter and guarded planes. Herbicides were used to control the fence line and the flight line. She stated that the Veteran was a good Airman, and would do whatever he was asked even if it was not his job. The assertions by the Appellant and the Veteran's son, in conjunction with his service personnel records, provide plausible claims that warrant further development. Thus, on remand, VA should contact the JSRRC and attempt to corroborate the Veteran's claim of being exposed to herbicide agents while stationed at Clark AFB. The matters are REMANDED for the following action: 1. Send a request to the JSRRC, and any other appropriate records custodian, for verification as to whether the Veteran was exposed to herbicides while serving as a security policeman at Clark AFB from July 1967 to January 1969. His duties included guarding the perimeters and internal cargo areas of aircraft, including C-123s, and guarding the base perimeter. 2. If herbicide exposure is acknowledged, a medical opinion is requested to address whether the Veteran's hypertension was at least as likely as not related to herbicide exposure. The clinician should address the publication of a National Academy of Science (NAS) study, Veterans and Agent Orange: Update 11 (2018), which found sufficient evidence of an association between hypertension and exposure to herbicide agents such as Agent Orange. According to the NAS, [t]he sufficient category indicates that there is enough epidemiologic evidence to conclude that there is a positive association between hypertension and herbicide exposure. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Davitian, 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.