Citation Nr: 21030746
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 18-22 002
DATE: May 19, 2021

REMANDED

Entitlement to service connection for Parkinson's disease is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1962 to January 1966. In October 2019, he testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the proceeding is in the record. 

The Board previously remanded this matter in January 2020. There has not been substantial compliance with the remand directives. Another remand is needed before the Board can adjudicate the claims on appeal. Stegall v. West, 11 Vet. App. 268 (1998).

The Veteran contends that he developed Parkinson's Disease from spraying herbicides and other chemicals as a groundskeeper while stationed at Vandenberg Air Force Base in California. A March 2020 response from Compensation Service reported that the Department of Defense has not identified any location in California where Agency Orange was used, tested, stored or transported; any herbicide the Veteran observed, or was associated with, was the commercial variety. The Veteran's service personnel records reflect his work as a pavement maintenance specialist. His reports of spraying chemicals as part of his job responsibilities are consistent with the known circumstances of his service. Further, his VA treatment records document a medical history of Parkinson's Disease.

In March 2020, he underwent a VA examination where he was diagnosed with Parkinson's disease. While the examiner provided a positive nexus opinion, there was no rationale explaining the basis of the conclusory opinion other than the examiner's observation that Parkinson's disease was "known to occur due to environmental agents."  Remand is needed to obtain an addendum opinion.

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician on the likely etiology of the Veteran's diagnosed Parkinson's disease. Copies of all pertinent records must be made available to the examiner for review. Following review of the claims file, the clinician should answer the following question: 

Is it at least as likely as not (50 percent probability or greater) that the Veteran's Parkinson's disease had its onset during service or is otherwise related to active duty service, to include exposure to commercial herbicides or chemical agents while working as a pavement maintenance specialist at Vandenberg Air Force Base in California? 

The examiner is asked to provide a thorough rationale to all opinions provided that considers the medical evidence of record, as well as the Veteran's contentions. If an opinion cannot be provided without resorting to speculation, the examiner should explain the reason why a complete opinion cannot be provided. 

 

M. E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Komperda, 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.