Citation Nr: 22016337
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 18-51 215
DATE: March 21, 2022

REMANDED

Entitlement to service connection for arteriosclerotic heart disease (ischemic heart disease), to include as due to exposure to herbicidal agents, is remanded.

Entitlement to service connection for non-Hodgkin's lymphoma, to include as due to exposure to herbicidal agents, is remanded.

Entitlement to service connection for hypertensive vascular disease, to include as due to exposure to herbicidal agents, is remanded.

Entitlement to service connection for an acquired psychiatric disorder, characterized by major depressive disorder, to include as due to non-Hodgkin's lymphoma and/or arteriosclerotic heart disease, is remanded.

Entitlement to service connection for sleep apnea, to include as due to non-Hodgkin's lymphoma and/or arteriosclerotic heart disease, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1968 to June 1970.

The Veteran testified at a hearing with the Board of Veterans' Appeals (Board) with the undersigned Veterans' Law Judge on March 12, 2021. A transcript of the hearing is of record.

These matters return to the Board of Veterans' Appeals (Board) following the issuance of an October 2021 Memorandum Decision from the Court of Appeals for Veterans Claims (CAVC). 

1. Entitlement to service connection for arteriosclerotic heart disease (ischemic heart disease), to include as due to exposure to herbicidal agents, is remanded.

2. Entitlement to service connection for non-Hodgkin's lymphoma, to include as due to exposure to herbicidal agents, is remanded.

3. Entitlement to service connection for hypertensive vascular disease, to include as due to exposure to herbicidal agents, is remanded.

4. Entitlement to service connection for an acquired psychiatric disorder, characterized by major depressive disorder, to include as due to non-Hodgkin's lymphoma and/or arteriosclerotic heart disease, is remanded.

5. Entitlement to service connection for sleep apnea, to include as due to non-Hodgkin's lymphoma and/or arteriosclerotic heart disease, is remanded.

The Veteran contends that service connection should be established for arteriosclerotic heart disease (ischemic heart disease) non-Hodgkin's lymphoma hypertensive vascular disease. Specifically, he asserts that he was exposed to herbicidal agents while stationed in South Korea during his active-duty service which in turn caused the development of the claimed disorders. The Veteran is also seeking service connection for an acquired psychiatric disorder, and sleep apnea. Additionally, he asserts that his claimed acquired psychiatric disorder and sleep apnea are related to his service on a secondary basis via his non-Hodgkin's lymphoma and arteriosclerotic heart disease.

After a review of the evidence of record, the Board determines that additional development must be undertaken, and the Veteran's claims will be remanded to the Regional Office (RO) for this purpose.  

The Veteran has provided statements and sworn testimony and statements from others who served with him, attesting to the use of herbicide agents at Camp Casey and along its perimeter.   

Thus, the Board determines that a remand is necessary so that the RO can attempt to determine if toxic herbicides were used at Camp Casey during the period of time that the Veteran was stationed there (April 1969 to June 1970).  

Additionally, the Veteran's claims seeking service connection for sleep apnea and acquired psychiatric disorder are inextricably intertwined with other claims that are subject to the remand and will thus be remanded as well. 

The matters are REMANDED for the following action:

1. The RO should invite the Veteran to submit any evidence in support of his claims. 

2. The RO should verify whether tactical herbicides were used at Camp Casey near the South Korea DMZ between April 1969 to June 1970, as well as anywhere else that the Veteran has claimed exposure to such herbicides.

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Q. Hernan, Attorney Advisor