Citation Nr: 21029903 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 15-41 517 DATE: May 17, 2021 REMANDED Entitlement to service connection for Hodgkin's disease is remanded. Entitlement to service connection for hepatitis C is remanded. REASONS FOR REMAND 1. Entitlement to service connection for Hodgkin's disease is remanded. The Veteran has asserted that he believes his diagnosis of Hodgkin's disease is a result of his exposure to herbicides while serving in Korea. In this regard, the Veteran has asserted that he was a part of a small group of soldiers selected to go on a mission the Mine Field Obstacle Breach mission - inside the Korean demilitarized zone (DMZ). He has stated that the mission was to ensure that the specified area was clear of land mines, unexploded bombs, grenades, and mortars, and that he and the other members of the group observed that the vegetation was sparse and the land looked sick and deformed, which he believes was a result of being sprayed with herbicides. The Veteran has identified one additional solider who was also on the mission, D.J.S., with whom he has been in contact recently. See April 2015 Veteran statement. The Veteran's service personnel records show that he served in Korea from December 1979 to December 1980 as a Carpentry and Mason Specialist with Company B, 802 Engineer Battalion. See record of assignment. The law provides that a veteran is presumed to have been exposed to herbicides if he served between September 1, 1967 and August 31, 1971, in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period. 38 U.S.C. § 1116B and 38 C.F.R. § 3.307(a)(6)(iii)-(iv). The Veteran's unit is not recognized as having service along the DMZ and the Veteran did not serve in Korea during the applicable period. Therefore, the presumptive provisions regarding exposure to herbicide agents is not applicable in this case. Nevertheless, the Veteran may still establish service connection on a direct basis with proof of actual causation. See Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994). Indeed, if a veteran was not a member of an identified unit or entity and/or he did not serve during the qualifying time period, current VA procedures direct that the Veteran be sent a subsequent development letter to provide sufficient details of his Korean DMZ service with 30 days allowed for response and that a request be sent to the VA Records Research Center (RRC) for verification of exposure to herbicides. See M21-1, IV.ii.1.H.3.C. While the claims file contains a February 2015 memorandum indicating a lack of evidence to verify exposure to the herbicide Agent Orange, the Veteran has since provided information regarding his alleged exposure and it does not appear that the Agency of Original Jurisdiction (AOJ) has made any additional attempts were made to verify whether he was exposed to herbicides during his service in Korea. Therefore, a remand is necessary for further development of the Veteran's claim. 2. Entitlement to service connection for hepatitis C is remanded. The Veteran has asserted, in part, that his hepatitis C disability was caused as a result of a blood infusion he received for treatment of his Hodgkin's disease. See April 2015 Veteran statement. Therefore, this claim is inextricably intertwined with the Hodgkin's disease claim being remanded herein and consideration of this matter must be deferred pending resolution of that claim. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Send the Veteran a letter requesting details of his reported Korean DMZ service and exposure to herbicides, including the approximate date and any other pertinent information about his participation in the Mine Field Operation Breach mission. The Veteran should also be advised that he may submit buddy statements from other individuals who were apart of the Mine Field Obstacle Breach mission, including D.J.S. (the individual indicated in his April 2015 statement). 2. Attempt to verify the Veteran's claimed exposure to herbicides through the appropriate repositories, per current M21-1 provisions. Specifically, the AOJ should send a request to the VA Records Research Center for verification of whether the Veteran was potentially exposed to herbicides during his period of service in Korea from December 1979 to December 1980, to include his participation in the Mine Field Obstacle Breach mission. The RRC must be asked to provide the histories and specific locations of the Veteran's unit(s) during the time he served in Korea. All development should be documented and any response (positive or negative) should be associated with the claims file. 3. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claim in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Turnipseed, 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.