Citation Nr: 0514084 Decision Date: 05/23/05 Archive Date: 06/01/05 DOCKET NO. 02-04 965A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to service connection for Hodgkin's disease as secondary to exposure to herbicides. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD K.S. Hughes, Counsel INTRODUCTION The veteran served on active duty from May 1968 to May 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2001 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. The present appeal was previously before the Board and was remanded in November 2003. The requested action having been accomplished, the RO has returned the claims file to the Board. Unfortunately, the Board finds that additional development is required before it can adjudicate this claim. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran claims entitlement to service connection for Hodgkin's disease as a result of exposure to herbicides during his period of service at Korat Air Force Base, Thailand, from 1970 to 1971. In an effort to verify the veteran's alleged herbicide exposure, the Board remanded this claim in November 2003 and requested that the RO contact the United States Center for Research of Unit Records (USASCRUR), or any other appropriate agency that may be indicated, to determine whether herbicides were being stored or used at, or in the vicinity of, the Korat Air Force Base. Accordingly, in response to the RO's request for such information, in March 2005, USASCRUR responded that it was unable to document that herbicides were sprayed, stored, tested, or transported at Korat Air Force Base during 1970 or 1971. Notwithstanding the foregoing response from USASCRUR, in an April 2005 Statement of Accredited Representative in Appealed Case, it is argued on behalf of the appellant that not all sources of verification have been contacted. Specifically, the veteran's representative argues that the RO failed to contact the Department of Defense or the United States Air Force. It is further claimed that the RO failed to request copies of the records which were maintained by the appellant's unit, to include bill of lading and/or other stock keeping documents to determine whether herbicides were stored, transported, or utilized at Korat Air Force Base, Thailand. Upon consideration of the foregoing, this case is REMANDED to the RO for the following action: 1. The RO should contact the Air Force and the Department of Defense, as well as any other indicated source, and request any information addressing whether herbicides were used and/or stored at Korat Air Force Base, Thailand, from 1970 to 1971. In addition, the RO should contact the veteran's unit and request copies of the records which were maintained during his period of service, to include bill of lading and/or other stock keeping documents, to determine whether herbicides were stored, transported, or utilized at Korat Air Force Base, Thailand. 2. After undertaking any additional development deemed appropriate, the RO should review the entire evidentiary record and readjudicate the issue on appeal. If any remaining benefit sought is not granted to the veteran's satisfaction, the RO should issue an appropriate supplemental statement of the case. The requisite period of time for a response should be afforded. Thereafter, the case should be returned to the Board for further appellate review, if otherwise in order. By this remand, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until notified by the RO. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, § 707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38 U.S.C. §§ 5109B, 7112). _______________________________________ WARREN W. RICE, JR. Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2004).