Citation Nr: 18140096 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 16-38 862 DATE: October 2, 2018 ORDER Service connection for lung cancer is denied. Service connection for diabetes mellitus is granted. Service connection for diabetic peripheral neuropathy of the bilateral upper extremities is granted. Service connection for diabetic peripheral neuropathy of the bilateral lower extremities is granted. FINDINGS OF FACT 1. The Board resolves reasonable doubt in the Veteran’s favor by finding it is presumed he was exposed to herbicides based on his credible report of working near the perimeter of the Udorn and Korat Royal Thai Air Force Bases while stationed in Thailand. 2. The probative evidence indicates that the Veteran’s lung cancer is not a primary cancer, but is due to nonservice-connected renal cell carcinoma. 3. Diabetes mellitus is a disease that is presumptively due to the Veteran’s presumed exposure to herbicides while stationed in Thailand. 4. The Veteran has peripheral neuropathy of the bilateral upper extremities and bilateral lower extremities as a result of his service-connected diabetes mellitus. CONCLUSIONS OF LAW 1. The criteria for service connection for lung cancer have not been met. 38 U.S.C. §§ 1110, 1112, 1116, 1131, 1137, 1154, 5107 (2012); 38 C.F.R. §§ 3.303, 3.307, 3.309 (2018). 2. The criteria for service connection for diabetes mellitus have been met. 38 U.S.C. §§ 1110, 1112, 1116, 1131, 1137, 1154, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2018). 3. The criteria for service connection for diabetic peripheral neuropathy of the bilateral upper extremities have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.310 (2018). 4. The criteria for service connection for diabetic peripheral neuropathy of the bilateral lower extremities have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.310 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had honorable active duty service from February 1972 to February 1976. These matters come to the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in December 2014 and September 2015. The Veteran presented testimony at a videoconference hearing before the undersigned Veterans Law Judge in September 2016. A transcript is of record. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection may be established on a secondary basis for a disability which is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310. If a veteran was exposed to an herbicide agent during active military, naval, or air service, then certain diseases, such as type II diabetes mellitus and respiratory cancers, to include lung cancer, shall be service connected even though there is no record of such disease during service. For the purposes of this section, the term “herbicide agent” means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the Vietnam era. 38 U.S.C. §§ 1116 (2012); 38 C.F.R. § 3.307(a)(6), 3.309(e), 3.313. In addition to exposure within the Republic of Vietnam, exposure to Agent Orange has been noted to have occurred in various places, including Thailand. VA has determined that U.S. Air Force Veterans who served on Royal Thai Air Force Bases (RTAFBs) at U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang, near the air base perimeter anytime between February 28, 1961, and May 7, 1975, may have been exposed to herbicides. To benefit from the presumption of herbicide exposure at one of the above listed air bases, a Veteran must have served as a security policeman, security patrol dog handler, member of a security police squadron, or otherwise served near the air base perimeter, as shown by military occupational specialty, performance evaluation, or other credible evidence. See M21-1MR, Part IV, Subpart ii, Chapter 2, Section C.10(q). The Veteran’s service personnel records reflect that he served in Thailand at the Udorn RTAFB from October 1972 to September 1972; his service treatment records indicate he was at the Korat RTAFB in September 1972. These dates are covered by the VA-designated timeframe for which herbicide exposure may be presumed. The Veteran’s military occupational specialty (MOS) was aerospace ground equipment repairman and he has testified that his duties took him along the perimeter of the Korat and Udorn RTAFBs. There is no basis in the record to question the Veteran’s credibility regarding his statements as to the nature and responsibility of his service as an aerospace ground equipment repairman while stationed in Thailand. Therefore, based on his credible assertion of serving along the perimeters of Korat and Udorn RTAFBs, and resolving all reasonable doubt in favor of the Veteran, the Board finds that the Veteran is presumed to have been exposed to herbicide agents during active service. 38 U.S.C. § 5107 (b) (2012); 38 C.F.R. § 3.102 (2017). 1. Service connection for lung cancer The Veteran seeks entitlement to service connection for lung cancer, which he claims is based on his now-presumed exposure to herbicides while stationed in Thailand. Although the medical evidence of record indicates that the Veteran does have lung cancer, it is clear the cancer of the lung metastasized (spread) from the Veteran’s renal cell carcinoma, a form of kidney cancer for which service connection has not been established. Since the Veteran’s lung cancer spread from his kidney cancer and is not a primary cancer, service connection is not warranted on either a direct or presumptive basis. 2. Service connection for diabetes mellitus The Veteran seeks entitlement to service connection for diabetes mellitus, which he claims is based on his now-presumed exposure to herbicides while stationed in Thailand. The medical evidence of record indicates that the Veteran was a new diabetic in July 2007. Since the Veteran is now presumed to have been exposed to herbicide agents in service, and diabetes mellitus is a disease that is presumed to be due to such exposure, service connection for diabetes mellitus is warranted. 3. Service connection for diabetic peripheral neuropathy of the bilateral upper extremity 4. Service connection for diabetic peripheral neuropathy of the bilateral lower extremity The Veteran seeks entitlement to service connection for peripheral neuropathy of both upper and both lower extremities, which he contends is due to his diabetes mellitus. VA treatment records indicate that the Veteran has diabetic peripheral neuropathy. Given the foregoing, service connection for diabetic peripheral neuropathy of the bilateral upper extremity and diabetic peripheral neuropathy of the bilateral lower extremity is warranted on a secondary basis. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Van Wambeke, Counsel