The Board Must Consider Widow’s Statements About Veteran’s Exposure To Agent Orange In Thailand

The Board Must Consider Widow’s Statements About Veteran’s Exposure To Agent Orange In Thailand

The Court held that the Board erred when it denied a widow’s claim for dependency and indemnity compensation benefits (“DIC”). The Board found that the widow’s statements that the Veteran had worked near the perimeter of a Royal Thai Air Force Base (“RTAFB”) was insufficient to establish that the Veteran was exposed to Agent Orange. The Board also found that it did not need to request records form the Joint Services Records Research Center (“JSRRC”), as it did not have sufficient information to make the request. The Court held that the Board provided an inadequate statement of reasons or bases for its finding that the widow’s statements were not sufficient to place the Veteran near the perimeter of a RTAFB . The Court also found that the Board did have enough information to request records from the JSRRC, as the record contained information about the Veteran’s assigned squad and dates of service while stationed in Thailand.

Category: Veterans Law, Court Wins