Citation Nr: 21030467
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 17-57 902
DATE: May 19, 2021

REMANDED

Service connection for pancreatitis, to include as due to herbicide agent exposure, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from November 1968 to March 1970, with service in Vietnam.  He was awarded the Combat Action Ribbon. 

In May 2021, the Veteran testified in a Virtual Hearing before the undersigned Veterans Law Judge.  

1. Service connection for pancreatitis is remanded.

The Veteran testified that he believes his pancreatitis began in service when he was found to have had a fungus infection, and, that he was told by a VA nurse that his pancreatitis was due to his exposure to Agent Orange.  Of note, he served with the Mobil Riverine Force in the Mekong Delta and Agent Orange exposure is conceded.  He stated that he has continuously had issues with his stomach and could never eat greasy or fried foods.  

To date, he has not been afforded a VA examination to obtain a nexus opinion.  Under McLendon v. Nicholson, 20 Vet. App. 79 (2006), a medical examination or medical opinion is necessary in a claim for service connection when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the Veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim.  See also 38 U.S.C. § 5103A(d)(2); 38 C.F.R. § 3.159 (c)(4)(i).  The Board finds that a VA examination is warranted to assist the Veteran in the development of his claim.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination for his pancreatitis.  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 opinions below.

The examiner is asked to provide a response to the following:

Is the Veteran's pancreatitis at least as likely as not related to his service, including the fungus infection shown in the March 1970 STR?  

Is the Veteran's pancreatitis at least as likely as not related to his in-service exposure to herbicide agents while serving in the Riverine Force in the Mekong Delta in Vietnam?

The examiner is advised that a negative opinion cannot be based solely on the fact that pancreatitis is not on the list of diseases that are presumptively associated with exposure to herbicide agents.

Provide a rationale to support the opinions.  

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Nelson

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.