Citation Nr: 21030940
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 16-42 751
DATE: May 20, 2021

REMANDED

Entitlement to service connection for prostate cancer, including as due to exposure to herbicide agents, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from July 1968 to March 1970.

This matter comes before the Department of Veterans Affairs (VA) Board of Veterans' Appeals (Board) on appeal from an Agency of Original Jurisdiction (AOJ) rating decision dated in May 2015.

This case was most recently before the Board in February 2020, at which time it was remanded to the AOJ for additional development. Unfortunately, due to the reasons that follow, a remand of the claim is required.

1. Entitlement to service connection for prostate cancer, including as due to exposure to herbicide agents is remanded.

The Board is obligated to ensure AOJ compliance with remand directives. Stegall v. West, 11 Vet. App. (1998). The February 2020 remand requested the AOJ to attempt to verify the Veteran's reports of having service near the Korean DMZ. While the AOJ requested information regarding the 354th CAM Squadron and 6175th FMS, the AOJ did not request any information from the Veteran regarding being stationed at an Army camp. A December 2020 response from JSRRC indicated "if the Veteran is able to identify the unit of the Army Camp he stayed at on the DMZ please resubmit your request." The Board's remand directives stated, "if the information in the claims file is insufficient to send such a request, explain to the Veteran specifically what information is necessary." On remand, the AOJ should provide an opportunity for the Veteran to identify the Army camp.

The matters are REMANDED for the following action:

1. Request information from the Veteran regarding at which Army Camp he was stationed in Korea. If the information provided is insufficient to send a request to JSRRC, explain to the Veteran specifically what information is necessary.

2. If, based on the above development, there is no verification of qualifying service near the Korean DMZ, a formal finding should be made and documented in the claims file.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Smith, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.