Citation Nr: 22014944
Decision Date: 03/15/22	Archive Date: 03/15/22

DOCKET NO. 14-20 740
DATE: March 15, 2022

REMANDED

Entitlement to service connection for brainstem glioma is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1971 to April 1974.  He passed away in September 2015.  The appellant is the Veteran's surviving spouse and has been substituted as the appellant.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Board remanded this case in March 2016, January 2018, and June 2020 for further development.

The Veteran testified at a videoconference hearing before the undersigned in August 2014.  A transcript is of record.

In a March 2016 letter, the RO recognized the appellant as the substitute claimant in place of the Veteran.  

1. Entitlement to service connection for brainstem glioma is remanded.

In an August 2012 lay statement, the Veteran contended that he had been exposed to various contaminants, such as dioxins, heavy metals, and aromatic hydrocarbons, at Edgewood.  He indicated that the groundwater had been contaminated.  Additionally, he submitted two articles detailing the contamination of the surface water, groundwater, and soil at the Edgewood area.  These contaminants include volatile organic compounds, chemical warfare agent degradation products, pesticides, metals, and phosphorus.  The VA examination opinions of record have not considered the Veteran's potential exposure to these contaminants while at Edgewood in May to June 1972.  As such, a remand is warranted.  

The matters are REMANDED for the following action:

Obtain a supplemental VA opinion from an appropriately qualified examiner regarding the nature and etiology of the Veteran's brainstem glioma.  Provide the claims file, including a copy of this REMAND, to the examiner for review.

After review of the claims file, the examiner should address whether the Veteran's brainstem glioma was due to his potential exposure to various contaminants at Edgewood as discussed above.  In providing this opinion, the examiner should consider the two articles the Veteran submitted in August 2012 regarding the contamination of the Edgewood area site.  

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A complete rationale must be provided for all opinions expressed.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Ko, 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.