Citation Nr: 22015262
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 14-11 789
DATE: March 16, 2022

REMANDED

Entitlement to service connection for prostate cancer, as due to herbicide agent exposure, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1966 to December 1967.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In December 2015, the Veteran and his wife testified before the undersigned Veterans Law Judge at a Video Conference hearing.  A transcript of the hearing is of record. This matter was previously before the Board in August 2018, when it was remanded for additional development.  

The appellant is the Veteran's wife and was substituted as claimant after he passed away in October 2020.  

This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107(a) (2); 38 C.F.R. § 20.902(c).

1. Entitlement to service connection for prostate cancer, as due to herbicide agent exposure

Regrettably, the Board finds that there has not been substantial compliance with     its August 2018 remand directive. See Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97 (2008).  The claimant asserts that the Veteran's prostate cancer was caused by his exposure to herbicide agents while stationed in Thailand. Service records confirm that the Veteran was deployed to Thailand from August 7, 1966 to July 22, 1967. The Board remanded the claim in March 2016      to submit a request to U.S. Army and Joint Services Records Research Center (JSRRC) to attempt to verify the claimed herbicide exposure. A July 2017 JSRRC response only provided unit history records from May 1966 through January 1967. In August 2018, the Board remanded the claim to request unit history records from February 1, 1967 through July 22, 1967.  A January 2022 Records Research Response again only covered unit history records through January 1967. Thus, another remand is required to request / review unit history records from February 1967 through July 1967.

The matter is REMANDED for the following action:

1. Attempt to verify the claimed exposure to herbicide agents in Thailand by requesting / reviewing unit history records for Company C of the 809th Engineer Battalion from February 1, 1967 through July 22, 1967.  If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the claimant and notify the claimant of VA's inability to verify the in-service herbicide agent exposure.

 

2. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. C. Birder

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.