Citation Nr: 19119417 Decision Date: 03/18/19 Archive Date: 03/18/19 DOCKET NO. 18-29 873 DATE: March 18, 2019 REMANDED Service connection for prostate cancer is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1957 to September 1960. The case is on appeal from a rating decision issued in April 2017. Service connection for prostate cancer is remanded. The Veteran seeks service connection for prostate cancer, which he maintains may be related to exposure to Agent Orange and other chemicals during service. Biopsy in March 2011 confirmed a diagnosis of adenocarcinoma of the prostate. See also private Oncology and Urology records dating from April 2011. In correspondence dated in January 2017, the Veteran reported that he was a member of the 1100th Flight Line Maintenance Squadron at Bolling AFB in Washington D.C. from 1957 to 1960; that part of their mission was the cleaning of aircraft, including C-123 models, returning from overseas; and that “some had even been used for Agent Orange.” He added that his prostate cancer “may have been caused from this.” See also correspondence from Veteran dated in January and March 2014, and in May 2016. Additionally, in correspondence dated in October 2015, the Veteran averred that his office during service was in an aircraft hangar; that he “was constantly exposed to fuels, solvents, paint, paint thinners, engine smoke, and other chemicals used to maintain aircraft”; and that his prostate cancer may be related to those exposures. He also reported that he was ill and reported to sick call more often than his comrades; and that he was ordered to bedrest on at least one such occasion. The Veteran’s service medical records have not been found and are apparently fire related. See National Personnel Records Center’s (NPRC) January 2013 letter to the Veteran; and NPRC’s January 2015 response to VA. See also RO’s April 2017 Formal Finding Memorandum, in which the RO noted that STRs were unavailable due to NPRC fire. In its April 2017 Formal Finding Memorandum, the RO also pointed out that the Veteran did not serve/work on C-123 aircraft during the relevant timeframe 1969 – 1986, so his exposure to herbicides/Agent Orange may not be presumed. See RO’s April 20, 2017 Formal Finding. However, the Veteran also alleges that he was exposed to other hazardous materials during service, and he refers to his illness during service as possibly indicative of his current prostate cancer. In accordance with VA’s heightened duty to assist where military records are unavailable, the Veteran should be afforded a VA examination for an opinion as to whether his prostate cancer may be related to his in-service exposure to aircraft related fuels, solvents, paint, paint thinners, or engine smoke. See Cromer v. Nicholson, 19 Vet. App. 215, 217-18 (2005), aff’d 455 F.3d 1346 (Fed. Cir. 2006); Russo v. Brown, 9 Vet. App. 46, 51 (1996) (regarding VA’s heightened obligations in cases where service medical records are unavailable). Finally, prior to certification of the case to the Board, VA medical records dated after the May 2018 statement of the case were associated with the claims file; however, a Supplemental Statement of the Case was not issued. In accordance with 38 C.F.R. § 19.31(b)(1), the Veteran should be provided with a Supplemental Statement of the Case that addresses all evidence since the May 2018 statement of the case. The matter is REMANDED for the following action: 1. Schedule the Veteran for an examination regarding his claim of service connection for prostate cancer. The Veteran should be examined, and the claims file should be reviewed. The examiner is then requested to opine as to whether it is at least as likely as not (i.e., at least equally probable) that the Veteran’s prostate cancer: (a.) began during the Veteran’s active duty service. (b.) is related to exposure to fuels, solvents, paint, paint thinners, engine smoke, or other chemicals used to maintain aircraft from June 1957 to September 1960. (Continued on the next page)   2. After completion of the above, issue a Supplemental Statement of the Case that addresses all of evidence since the May 2018 statement of the case. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. Childers, Counsel