Citation Nr: 21032171
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 15-25 480
DATE: May 26, 2021

REMANDED

Service connection for cancer of the tonsil.

 

REASONS FOR REMAND

The Veteran served on active duty from July 1974 to July 1977.  

The case is on appeal from an April 2013 rating decision.

In December 2019, the Veteran testified at a Board hearing.

In a March 2020 decision, the Board denied the claim of service connection for cancer of the tonsil.  The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In a December 2020 Order, the Court granted a December 2020 Joint Motion for Remand (JMR), vacating the Board's decision and remanding the case for further development and readjudication.

Service connection for cancer of the tonsil.

The Veteran is seeking service connection for cancer of the tonsil.  He contends that his tonsil cancer is related to Agent Orange exposure.  The Veteran asserts that he was exposed to Agent Orange while stationed at Fort Ord, California, as his duties included cleaning materials, equipment, and vehicles contaminated with Agent Orange returning to the United States from the Republic of Vietnam.

In the December 2020 JMR, the parties noted that the Board denied the Veteran's claim based on an absence of evidence indicating that the Veteran was exposed to Agent Orange during service.  However, the parties agreed that the Board failed discuss whether VA's duty to assist was satisfied regarding records related to the Veteran's claimed herbicide exposure as a result of cleaning field equipment and trucks returning from the Republic of Vietnam while he was stationed at Fort Ord.  In this regard, the claims file reflects that the RO did not attempt verify whether the Veteran was exposed to any herbicide agents.  Thus, the Board finds remand is warranted to verify, to the extent possible, whether the Veteran was exposed to herbicide agents during his service.

The matters are REMANDED for the following action:

Undertake all necessary development to attempt to verify the likelihood of the Veteran's exposure to herbicide agents including Agent Orange while he was stationed at Fort Ord and his duties included cleaning materials, equipment, and vehicles the Veteran contends were returning from the Republic of Vietnam.  Document the efforts made to obtain verification along with any negative responses.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Gray, 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.