Citation Nr: 21032014
Decision Date: 05/25/21	Archive Date: 05/25/21

DOCKET NO. 15-42 038
DATE: May 25, 2021

REMANDED

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

Entitlement to service connection diabetes mellitus, II is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Navy from January 1966 to June 1981.

In February 2020, the Board denied service connection for diabetes mellitus and awarded service connection for a tremor disorder in the bilateral upper extremities, while denying service connection for Parkinson's disease.  The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court.)  In July 2020, the Court granted a joint motion for partial remand (JMPR) vacating the denial and remanding the matter for further consideration. 

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

2. Entitlement to service connection diabetes mellitus, II is remanded.

The Veteran has clear diagnoses of diabetes mellitus and Parkinson's disease following separation from service.  Therefore, this appeal turns on whether the Veteran was exposed to an herbicide agent during his service, to include his time spent in Guam.  

In the JMPR, the Court found that the Board failed to address Guam when reaching out to Department of Defense (DOD) inventory of herbicide operations and did not submit a request to the United States Army and Joint Services Records Research Center (JSRRC).  Further, the Board failed to consider the Report from the Government Accountability Office titled Agent Orange: Actions Needed to Improve Accuracy and Communication of Information on Testing and Storage Locations, which indicated that DOD documents identified the use of commercial herbicides in Guam.  The report includes information on the transport of Agent Orange from the U.S. to Vietnam, with stopovers in Guam between February 1968 and May 1970.  

The Veteran has also submitted military records and articles showing the discovery of chemicals present in ground and well water.  A retired Air Force Master Sergeant submitted a statement indicating that a fellow would perform vegetation control at the air base by preparing Agent Orange and Agent Blue which were kept in storage drums. 

The Veteran's service personnel records indicate that he was stationed in Guam from February 22, 1977 to June 5, 1978.  Further research to be conducted by the service department is required to determine whether such service included exposure to herbicide Agent Orange.

The matters are REMANDED for the following action:

1. Make requests to the appropriate department for verification of the Veteran's reported exposure to herbicide agents while on active duty in Guam.  All responses should be documented.

2. In the event the department returns a response that indicates that the Veteran's service included exposure to herbicide Agent Orange, obtain a competent medical opinion from an appropriate clinician regarding the etiology of the claimed diabetes mellitus and Parkinson's disease.   

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Antonette Price, Esq. 

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.