Citation Nr: 21032651 Decision Date: 05/27/21 Archive Date: 05/27/21 DOCKET NO. 20-08 042 DATE: May 27, 2021 REMANDED Entitlement to service connection for colon cancer is remanded. INTRODUCTION The Veteran served on active duty from March 1984 to March 1988 and January 1991 to March 1991. In May 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. REASONS FOR REMAND Initially, the Board notes the Veteran has reported receiving outpatient treatment at the Lexington VAMC. A review of the record shows treatment reports as recent as November 2019; however, during his recent Board hearing the Veteran indicated he receives cancer assessments every 3 months. Pursuant to 38 C.F.R. § 3.159 (c)(2), VA must make as many requests as are necessary to obtain records in the custody of a Federal department or agency. Since these missing records may bear upon the Veteran's claim, this issue cannot be decided at this time. Additionally, the Board observes the Veteran has asserted his colon cancer may be either the result of herbicide exposure or hazardous chemical exposure during his time in Korea. In particular, the Veteran has indicated that during his time in Korea he experienced weight loss, a constant sinus infection, an unhealing wound, and hemorrhoids. He has intimated his belief that he was exposed to several toxic materials at that time, to include human waste, trichloroethylene (TCE), perchloroethylene (PCE), and herbicides in Korea, which he believes caused his adverse medical reactions. To date, the RO has not notified the Veteran as to what information he may submit to assist in the corroboration of his toxic exposures. Further, the RO has also not conducted any development to corroborate the Veteran's reported exposures. In this respect, the RO has not obtained the Veteran's official military personnel file (OMPF), which may assist in the corroboration of his reports. Finally, the Board notes the Veteran underwent a VA examination in December 2017. Following this examination, the examiner noted the Veteran's history of colon cancer. However, the examiner did not provide an opinion addressing the Veteran's theories of direct causation based on exposure to various toxins in service. If the RO is able to verify the Veteran's hazardous material exposure in service, another VA medical opinion must be obtained. Accordingly, this case is REMANDED for the following actions: 1. Undertake appropriate development to obtain any outstanding records pertinent to the Veteran's claim, to specifically include any ongoing treatment records from the Lexington VAMC from November 2019 to present. If any requested records are not available, the record should be annotated to reflect such and the Veteran notified in accordance with 38 C.F.R. § 3.159 (e). 2. Request from the National Personnel Record Center (NPRC), or any other appropriate source, the Veteran's complete official military personnel file (OMPF), to specifically include a PIES O50 request. If any requested records are deemed unavailable, the record should be annotated to reflect such and the Veteran notified. 3. Provide the Veteran with notice of the information and evidence that he should submit to substantiate his claim of hazardous materials exposure during active duty, and the assistance that VA will provide to obtain evidence on his behalf. This notice should specifically inform the Veteran that he should expressly indicate which hazardous materials he believes may have caused his colon cancer, and identify how and when he was exposed to such hazardous materials, to specifically include his reports of exposure to human waste, trichloroethylene (TCE), perchloroethylene (PCE), and herbicides. 4. Conduct all indicated development to corroborate the Veteran's reported hazardous material exposures. 5. If the Veteran's reports of hazardous material exposures can be verified, then obtain a medical opinion from a VA Oncologist with sufficient experience and expertise to provide an opinion as to the etiology of the Veteran's colon cancer. Another examination of the Veteran must be performed only if deemed necessary by the examiner providing the opinion. Following a review of the relevant records and lay statements, the physician is asked to state an opinion as to whether the Veteran's colon cancer at least as likely as not (a 50 percent probability or greater) originated during his period of active service or was otherwise etiologically related to his active service, to specifically include as a result of any hazardous material exposures he experienced therein. The examiner must provide a complete rationale for all proffered opinions. If the physician is unable to provide any required opinion, he or she should explain why. If the physician cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the physician should identify the additional information that is needed. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Fraser, 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.