Citation Nr: 21041969 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 17-07 497 DATE: July 10, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from July 1966 to January 1967, with additional reserve service. He died in February 2014, and the appellant is his surviving spouse. This appeal was previously remanded by the Board in February 2019 for additional development, which has since been completed. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Regrettably, the Board finds that an additional remand is warranted prior to the adjudication of this appeal. In sum, the appellant contends that the Veteran was exposed to contaminated water during reserve service at Camp Lejeune, which caused the disease(s) that ultimately led to his death. As previously noted by the Board, service connection is presumed for eight diseases found to be associated with the contaminants present in the water supply at Camp Lejeune, including the Veteran's fatal acute myeloid leukemia. 38 C.F.R. §§ 3.307, 3.309. However, the record is in controversy as to total duration of the Veteran's service at Camp Lejeune, and this presumption applies only to veterans with a total of 30 days (consecutive or nonconsecutive) of service at this base. Historically, VA has maintained that there is no evidence of the Veteran's claimed service at Camp Lejeune. See, e.g., December 2016 and May 2019 VA letters. However, the appellant has provided affirmative proof of such service, and in its February 2019 remand, the Board found that this evidence established his "active duty for training at Camp Lejeune for [a total of] 15 days." In a November 2020 statement, the appellant conveyed her good faith belief that the Veteran served an additional period of reserve service at Camp Lejeune, but that she lacked supporting evidence in this respect. In considering her competent and credible testimony regarding the confirmed period of reserve service, the Board finds good cause to remand the matter for additional development as to any additional periods of such service. Layno v. Brown, 6 Vet. App. 465, 469 (1994); Miller v. Wilkie, 32 Vet. App. 249 (2020). This action is particularly justified when considering VA's efforts to confirm the claimed service thus far. Notably, VA's July 2015 Request for Information was limited solely to the Veteran's dates of active duty, without consideration as to his additional reserve service. Moreover, VA has not made any effort to specifically corroborate the claimed service at Camp Lejeune, despite the appellant's testimony and supporting evidence to this effect. Upon the above, a remand of this appeal is required such that further development may be taken with respect to the Veteran's presence at Camp Lejeune. Briefly, the Board acknowledges the appellant's assertion that the Veteran's records may have been destroyed in the 1973 fire at the National Personnel Records Center (NPRC). See November 2020 statement. However, the claims file contains no affirmative evidence in this respect; rather, the Veteran's service treatment records (STRs) were previously obtained. Thus, the appellant's contention on this point does not relieve VA of its duties to assist, as set forth herein. The matter is REMANDED for the following action: Contact all appropriate sources and then provide a memorandum as to the following: (1) The dates and nature of each period of service for the Veteran, including active duty, ACDUTRA, and INACDUTRA; (2) The exact dates of each period of service (whether active duty, ACDUTRA, or INACDUTRA) at Camp Lejeune; (3) The total number of days (whether consecutive or nonconsecutive) that the Veteran served at Camp Lejeune. In this respect, the Regional Office (RO) is advised that the Veteran's service at Camp Lejeune from August 14, 1971, to August 29, 1971, has already been conceded. [CONTINUED ON NEXT PAGE] All efforts in this regard should be clearly documented in the claims file. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Kovarovic, 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.