Citation Nr: 21042652 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 18-34 955 DATE: July 13, 2021 REMANDED Entitlement to service connection for type II diabetes mellitus is remanded. Entitlement to service connection for left upper extremity peripheral neuropathy is remanded. Entitlement to service connection for right upper extremity peripheral neuropathy is remanded. Entitlement to service connection for left lower extremity peripheral neuropathy is remanded. Entitlement to service connection for right lower extremity peripheral neuropathy is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1969 to June 1971. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in August 2016 by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2019 the Board denied entitlement to service connection for the disabilities on appeal. The Veteran appealed, and in a June 2020 memorandum decision the United States Court of Appeals for Veterans Claims (Court) vacated and remanded the Board's denial of service connection for the claimed disabilities. The appeal was returned to the Board, and subsequently remanded for further development in accordance with the memorandum decision in June 2020. 1. Entitlement to service connection for type II diabetes mellitus and left and right upper and lower extremity peripheral neuropathy. In the December 2020 remand, the Board requested that the RO contact appropriate records centers in an effort to verify the Veteran's alleged herbicide agent exposure while serving in Korea. A memorandum associated with the file in March 2021 stated that the unit history for the Veteran's assigned battalion in Korea reflects that in September 1970 the Veteran's company was assigned to Camp LaGuardia in South Korea. The memorandum further notes that the Veteran's company was charged with receiving, processing, and storing all equipment for the Army, and that the assignment lasted until the middle of 1971. Based on these findings, the memorandum noted that the Veteran's exposure event was confirmed. Last, the memorandum noted that as his presence at Camp LaGuardia was confirmed, no further research was conducted as to whether his unit was required to travel to other military bases in Korea. The Board finds that there are two primary issues with the report. First, the Board requested that attempts be made to verify the Veteran's herbicide agent exposure, not just his locations of service. While the memorandum notes that the Veteran's presence at LaGuardia from 1970 to 1971 was confirmed, the memorandum at no point discusses herbicide agent exposure. Thus, it includes no specific information about whether the Veteran was in fact exposed to herbicide agents at the locations he alleged, which was the aim of the Board remand. Although the memorandum notes that the Veteran's exposure event was verified, it is not clear whether this means that herbicide agent exposure itself was verified or whether it was simply verified that the Veteran was stationed at Camp LaGuardia during the time period he reported. Based on the fact that the memorandum at no point discusses herbicide agent exposure, it would appear that the latter scenario is more likely, but ultimately it is not clear from the document itself which is the case. Second, as verification of herbicide agent exposure was the aim of the Board remand, research concerning the locations of the Veteran's service should not have halted after verifying the Veteran's presence at LaGuardia. Instead, to the extent possible the Veteran's service at all reported locations should have been verified in order to determine whether he may have been exposed to herbicide agents at any of the reported locations. In light of the foregoing, the Board finds that the December 2020 remand directive was not substantially complied with, and therefore a remand is warranted in this case. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. Contact an appropriate entity to verify the Veteran's reported herbicide agent exposure. The Veteran has reported that while stationed at Camp LaGuardia he also traveled to other locations including Camp Carroll, Camp Casey, Camp Humphries, Camp Red Cloud, Camp Kaiser, and Camp Hovey. If necessary, multiple requests for unit histories or records should be submitted in order to cover the time period at issue from September 1970 to June 1971. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Wendell, 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.