Citation Nr: 21029871 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 13-34 271A DATE: May 17, 2021 REMANDED Entitlement to service connection for a lymph node disorder, to include as due to exposure to herbicide agents and/or contaminated drinking water at Camp Lejeune, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from July 1961 to July 1965 and from January 1966 to January 1968. This matter was previously remanded by the Board in March 2018 and July 2020. Although the Board regrets the additional delay, remand is again needed before a decision on the claim may be rendered. In his substantive appeal, the Veteran indicated that he desired a hearing before the Board. However, in a December 2019 communication, he stated that he wished to withdraw or cancel the request for a hearing. Accordingly, the Board considers that the request for a hearing is withdrawn. 38 C.F.R. § 20.704(e). Entitlement to service connection for a lymph node disorder is remanded. In the June 2020 decision, the Board remanded this claim to obtain a VA medical opinion from an appropriate examiner. The Board specifically instructed that the VA examiner should opine as to whether the Veteran had any lymph node disorder during the appeal period, and, if so, whether any such disorder was related to service, to include the Veteran's exposure to herbicide agents and/or contaminated water at Camp Lejeune. In an attempt to comply with the Board's remand directives, the Agency of Original Jurisdiction (AOJ) procured an August 2020 VA medical opinion. The VA examiner diagnosed chronic lymphadenitis and/or noted lymphadenopathy and opined that the Veteran's condition was less likely than not due to exposure to contaminated water at Camp Lejeune. Notably, however, the examiner did not provide an opinion as to whether the condition is etiologically related to the Veteran's presumed exposure to herbicide agents. Thus, as there was not substantial compliance with the June 2020 remand directives, the Board finds that remand is warranted for a new VA medical opinion consistent with the directives herein. See Stegall v. West, 11 Vet. App. 268 (1998). The matter is REMANDED for the following action: (Continued on the next page) Obtain a VA medical opinion from an appropriate examiner to opine as to whether the Veteran's chronic lymphadenitis and/or noted lymphadenopathy is at least as likely as not (i.e., 50 percent probability or greater) etiologically related to his in-service exposure to herbicide agents. A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Talton, John H. 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.