Citation Nr: 22014865
Decision Date: 03/15/22	Archive Date: 03/15/22

DOCKET NO. 19-12 464A
DATE: March 15, 2022

REMANDED

Entitlement to service connection for cause of death is remanded.

REASONS FOR REMAND

The Veteran served in the Air Force from October 1957 to May 1962. The Veteran passed away in June 2018, and the Appellant is his surviving spouse. 

The Appellant contends that the Veteran's cause of death was due to conditions that were caused by agent orange exposure. Specifically, she contends that the Veteran's job in the military as an Aircraft Ground Equipment Repairman exposed him to residuals of agent orange on equipment returning from Vietnam. See March 2019 Notice of Disagreement; see also August 2018 Buddy Statement (noting that the Veteran worked on the flight line with aircraft (H-19 helicopters which were used in Vietnam) and support equipment). 

The Board notes that most of the Veteran's service records are unavailable as they ae fire-related (destroyed in the July 1973 fire at the National Personnel Records Center).  See August 2018 VA Form 21-3101, Request for Information.  When service records are unavailable through no fault of the veteran, VA has a heightened duty to assist, as well as an obligation to explain its findings and conclusions and carefully consider the benefit-of-the-doubt rule. Washington v. Nicholson, 19 Vet. App. 362, 369-70 (2005); Cuevas v. Principi, 3 Vet. App. 542, 548 (1992); O'Hare v. Derwinski, 1 Vet. App. 365, 367 (1991).  Given this heightened duty, the Board finds that further development is necessary. 

The matters are REMANDED for the following action:

1. The Agency of Original Jurisdiction should contact all appropriate entities to attempt to verify the Appellant's contentions that the Veteran was exposed to herbicide agents through contact with contaminated equipment (including helicopters, planes, and trucks) that returned from Vietnam while stationed at Stead Air Force Base in Reno, Nevada. 

2. Thereafter, conduct any additional development deemed necessary in light of the expanded record, then readjudicate the Appellant's claim for entitlement to service connection for the cause of the Veteran's death. 

 

James Springer

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.