Citation Nr: 1324277 Decision Date: 07/31/13 Archive Date: 08/07/13 DOCKET NO. 09-21 075 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE 1. Entitlement to service connection for diabetes mellitus, to include due to herbicide exposure. 2. Entitlement to service connection for coronary artery disease, to include due to herbicide exposure or as secondary to diabetes mellitus. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD S. Mishalanie, Counsel INTRODUCTION The Veteran served on active duty from September 1963 to September 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. In March 2013, the Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge; a transcript of the hearing is of record. In addition to the paper claims file, there is a Virtual VA electronic claims file associated with the Veteran's claim. The Virtual VA file has been reviewed in conjunction with the disposition of the issue on appeal. FINDINGS OF FACT 1. Resolving reasonable doubt in his favor, the Veteran is presumed to have been exposed to herbicides, to include Agent Orange, during service. 2. Competent medical evidence reflects diagnoses of diabetes mellitus and coronary artery disease, disabilities recognized by VA as presumptively associated with Agent Orange exposure. CONCLUSIONS OF LAW 1. Diabetes mellitus is presumed to have been incurred in-service. 38 U.S.C.A. §§ 1110, 1116, 5103, 5103A, 5107 (West 2002 & Supp. 2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309(e) (2012). 2. Coronary artery disease is presumed to have been incurred in-service. 38 U.S.C.A. §§ 1110, 1116, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309(e). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS In light of the fully favorable determination in this case, no further discussion of compliance with VA's duty to notify and assist is necessary. The Veteran asserts that his diabetes mellitus and coronary artery disease are related to herbicide exposure during service. He also asserts that his diabetes mellitus contributes to his coronary artery disease. If a veteran served on active duty in the Republic of Vietnam during the Vietnam era (beginning on January 9, 1962 and ending on May 7, 1975), he is presumed to have been exposed to herbicides, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. The last date on which a veteran shall be presumed to have been exposed to an herbicide agent shall be the last date on which he served in the Republic of Vietnam. 38 C.F.R. § 3.307(a)(6)(iii). VA has also determined that special consideration of herbicide exposure on a factual basis should be extended to veterans whose duties placed them on or near the perimeters of Thailand military bases. VA Adjudication Procedure Manual, M21-1MR, Part IV, Subpart ii, Chapter 2, Section C.10.q. (M21-1MR). If a veteran was exposed to a herbicide agent during active military, naval, or air service and develops diabetes and/or ischemic heart disease postservice, those disorders shall be service connected if the requirements of 38 C.F.R. § 3.307(a)(6)(iii) are met, even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. 38 C.F.R. § 3.309(e). In this case, the medical evidence indicates that Veteran has current diagnoses of diabetes mellitus and coronary artery disease. As will be explained below, resolving reasonable doubt in his favor, the Board finds that the appellant's service included work duties around the perimeter of the U-Tapao and Don Muang Royal Thai Air Force Bases in Thailand, as well as occasional refueling in Da Nang, Republic of Vietnam. Therefore it is conceded or presumed that he was exposed to herbicides, including Agent Orange. During the March 2013 Board hearing, the Veteran testified that he had temporary duty as an aircraft mechanic for the 7th Bomb Wing, 7th Organizational Maintenance Squadron in Thailand at U-Tapao and Don Muang Royal Thai Air Force Bases. He said that his unit was deployed in May 1965 and returned the United States in August 1965. He said he was deployed again in October 1965. While in Thailand, he reported that his work duties involved refueling trucks from rubber bladder bags located at the perimeters. He also said his duties involved flights to Vietnam to refuel B-52s and other aircraft. Depending on the mission, he said they would land in Da Nang to refuel. The Veteran's testimony was credible. The Veteran's military personnel records are consistent with his testimony. His DD 214 confirms that he was an aircraft maintenance specialist, had temporary duty assignment, and received the Vietnam Service Medal. His service records also show that he had 108 days of temporary duty in southeast Asia, and that he was a crew member of the tanker section for the 7th Organizational Maintenance Squadron during the relevant time period. He also submitted a copy of his temporary duty orders, which note he was a member of the 7th Bomb Wing. Internet research also reflects that the 7th Bomb Wing supported the B-52s from U-Tapao during the Vietnam War. Resolving reasonable doubt in the Veteran's favor, the Board finds that his service involved work duties around the perimeter of the U-Tapao and Don Muang Royal Thai Air Force Bases in Thailand and occasional refueling in Da Nang, Vietnam. Therefore it is conceded or presumed that he was exposed to herbicides, including Agent Orange and service connection for diabetes mellitus and coronary artery disease is warranted. ORDER Entitlement to service connection for diabetes mellitus is granted. Entitlement to service connection for coronary artery disease is granted. ____________________________________________ DEREK R. BROWN Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs