Citation Nr: 22017237
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 21-00 888A
DATE: March 24, 2022

REMANDED

Service connection for leukemia, to include as due to Agent Orange exposure in Thailand, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1969 to February 1972.  The Veteran passed away in December 2016.  The appellant is the Veteran's surviving spouse and has been named as the substitute appellant.

The case is on appeal from an August 2018 rating decision in the legacy (non-modernized) system.  In April 2019, the appellant filed a VA Form 10182 (Board Appeal) noting disagreement with the denial of service connection for leukemia in the August 2018 rating decision and requesting an appeal to the Board's hearing docket under the Appeals Modernization Act in the modernized system.  In order to ensure that this appeal can proceed, and to afford the appellant due process, the Board will process this claim in the legacy system and remand for the issuance of a statement of the case (SOC).

Service connection for leukemia, to include as due to Agent Orange exposure in Thailand.

As stated above, in the August 2018 rating decision, the regional office denied service connection for leukemia, to include as due to Agent Orange exposure in Thailand.  In April 2019, the appellant noted disagreement with a decision related to Agent Orange exposure while on duty in Thailand during the Vietnam War, which is a reference to the denial of service connection for leukemia in the August 2018 rating decision.  38 C.F.R. § 20.202(a).  As the August 2018 rating decision was issued in the legacy system, a remand for the issuance of a SOC is necessary before the Board can adjudicate the merits of the claim.  See Manlincon v. West, 12 Vet. App. 238 (1999).

The matter is REMANDED for the following action:

Unless the benefit sought is granted in full, issue a SOC addressing the claim for service connection for leukemia, to include as due to Agent Orange exposure in Thailand.  The issuance should include notification of the need to timely file a substantive appeal to perfect an appeal to the Board in the legacy system or to opt into one of the review lanes available in the modernized system within 60 days of the issuance of the SOC.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. George

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.