Citation Nr: 25004787 Decision Date: 04/08/25 Archive Date: 04/08/25 DOCKET NO. 18-19 475 DATE: April 8, 2025 REMANDED Entitlement to service connection for non-Hodgkin's lymphoma is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from May 1974 to November 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board denied this claim in December 2022, and the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In August 2024, the Court issued a Memorandum Decision that set aside the December 2022 decision and remanded the matter to the Board for readjudication. As explained below, this matter must be remanded to the Agency of Original Jurisdiction (AOJ) for additional development. 1. Service Connection for Non-Hodgkin's Lymphoma is Remanded. The record indicates that in addition to active-duty service, the Veteran served in the Army Reserve from November 10, 1979, to May 3, 1980. The record also indicates he served in the Texas Army National Guard from June 27, 1981, to June 26, 1988. See NGB Form 22. In the August 2024 Memorandum Decision, the Court noted that the Board failed to address whether the VA tried to obtain the Veteran's Texas Army National Guard and Army reserve records, and whether the medical records from the Veteran's time in the Texas Army National Guard and Army Reserve was obtained. Consistent with the Court's order, the Board finds that a remand is necessary to verify and obtain the Veteran's service medical and personnel records from the Texas Army National Guard and Army reserves. The Veteran contends that his non-Hodgkin's lymphoma was caused by his service, to include as due to exposure to cancer causing chemicals and solvents as a track and wheel vehicle mechanic. See April 2018 Form 9; see also November 2024 Appellate Brief. Alternatively, he asserts that the symptoms for his non-Hodgkin's lymphoma began during service and has continued since his time in service. Id. The Veteran also submitted November 2024 lay statement from his wife who reported witnessing the pea size growth on the right side of the Veteran's groin during his time in the National Guard and was later diagnosed with a golf ball-sized cancerous tumor. The Board finds that a remand is warranted to schedule the Veteran for an examination to determine the nature and etiology of his claimed non-Hodgkin's lymphoma. See McLendon v. Nicholson, 20 Vet. App. 79, 85-86 (2006); see also 38 C.F.R. § 3.159(c)(4). The Board emphasizes that it is not determining whether or not the Veteran's statements that his claimed non-Hodgkin's lymphoma symptoms are due to service are credible at this time, as the additional development set forth in the directives below could impact that determination. The matters are REMANDED for the following action: 1. Obtain the Veteran's complete service personnel records, to include all documents pertaining to service in the Army reserve, and the Texas Army National Guard. Verify all active duty for training and inactive duty training dates for alleged service in the Army reserve and Texas Army National Guard. Document all requests for information as well as all responses in the claims file. 2. Obtain the Veteran's complete service treatment records, to include medical documents pertaining to his service in the Army reserve, and the Texas Army National Guard. Document all requests for information as well as all responses in the claims file. 3. Ask the Veteran to identify all outstanding treatment records relevant to his non-Hodgkin's lymphoma claim. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken, to include notifying the Veteran of the unavailability of the records. 4. After records development is completed, schedule the Veteran for a VA examination for the claimed non-Hodgkin's lymphoma. The examiner must review the claims file. The examiner is asked to answer the following: (a.) Whether any current non-Hodgkin's lymphoma disability onset during service or is otherwise related to an in-service injury, event, or disease, to include as due to exposure to cancer causing chemicals and solvents as a track and wheel vehicle mechanic. (b.) Whether any non-Hodgkin's lymphoma disability (1) began during active service, (2) manifested within presumptive period after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? Although an independent review of the claims file is required, the examiner is asked to consider the April 2018 article on non-Hodgkin's lymphoma, November 2024 Appellate Brief, and November 2024 Wife Lay Statement. The examiner should elicit a full history from the Veteran and consider the lay statements of record. The Veteran is competent to attest to factual matters of which he has first-hand knowledge, and if there is a medical basis to support or doubt the history provided by the Veteran the examiner should provide a fully reasoned explanation. A rationale for all opinions expressed is requested as adjudicators are precluded from making any medical findings. 5. Readjudicate the claim. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mathew, M. 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.