Citation Nr: 18131219
Decision Date: 08/31/18	Archive Date: 08/31/18

DOCKET NO. 15-13 663
DATE:	August 31, 2018
REMANDED
Entitlement to service connection for vision problems, including right eye cataract, also claimed as vision loss due to a tumor is remanded.
Entitlement to service connection for right ear hearing loss is remanded.
Entitlement to service connection for tinnitus, including as due to multi-cranial nerve palsies is remanded.
Entitlement to service connection for prostate adenocarcinoma, status post radical prostatectomy is remanded.
Entitlement to service connection for type 2 diabetes mellitus, including as due to multi-cranial palsies and transsphenoidal pituitary tumor is remanded.
Entitlement to service connection for transphenoidal pituitary tumor and tumor resection is remanded.
Entitlement to service connection for pituitary gland disorder also claimed as panhypopituitarism is remanded.
Entitlement to service connection for headaches, also claimed as intractable cephalgia is remanded.
Entitlement to service connection for multi cranial nerve palsies is remanded.
Entitlement to service connection for depression, not otherwise specified, also claimed as major depressive disorder, sleep problems as secondary to service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran had active military service in the United States Army from April 1976 to April 1979.  Additionally, in 2011 he retired from the Army Reserve after 32 years of service.
The Veteran has asserted that the claimed disorders occurred during his Army Reserve service.  While evidence of record indicates the Veteran served in the Army Reserve from 1979 to September 2011, the exact dates are unclear and the agency of original jurisdiction (AOJ) must attempt to verify the Veteran’s Army Reserve service, as well as the type of duty (active duty, active duty for training (ADT) and inactive duty training (IDT)) during that period.  Notably, the claims file contains a record of the Veteran’s U.S. Army retirement points to August 2002.  On remand a retirement points statement should be obtain that reflects the Veteran’s service to his retirement in September 2011.  Further, it does not appear that complete service treatment records (STRs) from his Reserve service are of record and should be obtained on remand.  The Veteran should also be advised as to the requirements to establish service connection based on service in a Reserve component.
In August 2017 the Veteran submitted a general release to the AOJ to obtain medical information from private providers that was rejected because the Veteran’s signature was missing on the form.  Thus, because such records do not appear to be currently associated with the claims file, they should be obtained on remand as they may be pertinent to the instant appeal.  
Additionally, regarding the claims of entitlement to service connection for prostate cancer surgery, transsphenoidal pituitary tumor, and pituitary gland disorders, in a November 2015 statement the Veteran noted he had exposure to radiation while working as a telecommunication specialist near radars at Fort Hood, Texas.  To support his claim of radiation exposure, he submitted three articles: Radiofrequency (RF) Sealers and Heaters, December 1979; IDF Soldiers Exposed to Radiation Risk Developing Cancer Within 10 Years; and Study Suggests Radiation From Radar Causes Cancer, March 1985.  In 2006 the Veteran was found to have prostate cancer and had a laparoscopic radical prostatectomy.  He also had transsphenoidal pituitary adenoma surgery in 2000.  Here, the Veteran is asserting exposure to non-ionizing radiation.  As such, the matter must be remanded for the AOJ for development consistent with claims for service connection based on ionizing radiation exposure. 
Regarding his claim for type 2 diabetes mellitus, in February 2017 correspondence the Veteran related that he was exposed to herbicides and pesticides while stationed at Fort Gordon, Georgia.  Remand is needed for the AOJ to conduct further development regarding this assertion.
These matters are REMANDED for the following action:
1. Notify the Veteran of the requirements to establish service connection based on ADT and IDT while serving in a Reserve component.  Allow time for a response.
2. Obtain relevant Army Reserve service personnel record (not already of record) including the Veteran’s retirement points history.
3. Obtain any outstanding STRs for identified periods of ADT and/or IDT (not already of record).
4. Provide the Veteran the necessary releases (or request his signature on those already of record) for the AOJ to obtain any relevant private treatment records, to include the records specifically identified by the Veteran.
5. For the above records development directives, if any identified Federal records cannot be obtained or do not exist, or if any private records are not received after reasonable attempts, notify the Veteran of the attempts to get the records and any further attempts that will be made, and allow him an opportunity to provide the records.
6. Send a letter requesting non-ionizing radiation dosimetry information to the appropriate Department of Defense office, based on the Veteran’s assertions of alleged exposure to radiation as a telecommunication specialist.  
7. Conduct development to corroborate the Veteran’s allegation that he worked as a telecommunication specialist near radarsat Fort Hood, Texas.  He was attached to “Co A 57th Sig Bn FORSCOM FC”.  The AOJ must make a formal finding accepting or rejecting the Veteran’s allegation.

(Continued on next page)
8. Attempt to obtain all information from the Veteran for the development of his claim for type 2 diabetes mellitus, which include assertions of exposure to herbicides and pesticide while stationed at Fort Gordon, Georgia.  Then attempt to verify the Veteran’s claimed exposure to herbicide agents.

Evan M. Deichert
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Young, Counsel

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