We are pleased to announce a significant victory for our client at the Court of Appeals for Veterans Claims. In a joint motion that avoided a lengthy briefing process, VA and its attorneys agreed that the Board of Veterans’ Appeals failed to provide adequate reasons for denying service connection for our client’s leukemia on a direct basis.
Our client served nearly a year at Udorn Air Force Base in Thailand. During his service, he worked as a vehicle maintenance supply clerk, warehouse clerk, stock clerk, and driver. From June to September 1967, he served as a driver, a role that may have placed him near the base perimeter where herbicide exposure was likely.
The Board is required by law, specifically under Allday v. Brown, to provide a clear statement of reasons for its decisions. This ensures veterans understand the basis of the decision and allows for effective judicial review. In this case, the Board did not address whether our client’s duties as a driver exposed him to herbicides.
Moreover, the Department of Veterans Affairs did not fulfill its duty to assist. The VA did not obtain daily vehicle logs or records that could verify our client’s proximity to the perimeter. No inquiries were made to determine if his job responsibilities placed him close enough to the perimeter to warrant presumptive exposure to herbicides.
The court’s order mandates a remand for the Board to provide adequate reasons or bases for its denial and to address whether the VA satisfied its duty to assist. This outcome not only advances our client’s claim but also reinforces the rights of other veterans facing similar challenges.
If you or a loved one are struggling with a VA disability claim related to herbicide exposure in Thailand, our experienced team is here to help. We are dedicated to securing the benefits you rightfully deserve.
