Citation Nr: 18141242 Decision Date: 10/10/18 Archive Date: 10/09/18 DOCKET NO. 15-08 315 DATE: October 10, 2018 ORDER Entitlement to service connection for diffuse large B cell non-Hodgkins lymphoma (non-Hodgkins Lymphoma), to include as due to exposure to chemicals, is granted. Entitlement to service connection for major depressive disorder, to include as secondary to non-Hodgkins lymphoma, is granted. FINDINGS OF FACT 1. Resolving reasonable doubt in the Veteran’s favor, his diffuse large B cell non-Hodgkins lymphoma is at least as likely as not due to active duty service chemical exposure. 2. The Veteran’s major depressive disorder is proximately due to his now service-connected non-Hodgkins lymphoma. CONCLUSIONS OF LAW 1. The criteria for service connection for diffuse large B cell non-Hodgkins lymphoma are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for secondary service connection for major depressive disorder are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.310(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from March 1967 to March 1970 in the United States Army. This case is before the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision of a Department of Veterans Affairs (VA) regional office. The Veteran testified before the undersigned at a May 2015 videoconference hearing. A transcript of the hearing is of record. Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Secondary service connection may be granted for a disability that is proximately due to, the result of, or aggravated by a service-connected disease or injury. 38 U.S.C. § 3.310(a), (b). 1. Entitlement to service connection for diffuse large B cell non-Hodgkins lymphoma, to include as due to exposure to chemicals The Veteran contends that his non-Hodgkins lymphoma was caused by his exposure to chemicals associated with his military occupational specialty while on active duty. The Board concludes that the Veteran has a current diagnosis of diffuse large B cell non-Hodgkins lymphoma that is related to chemical exposure while on active duty. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). Private treatment records show the Veteran has a current diagnosis of diffuse large B cell non-Hodgkins lymphoma, and in June 2015 private physician, Dr. FG, M.D. opined that the Veteran’s non-Hodgkins lymphoma more likely than not is related to the “multiplicity of chemical exposure” during his military service. The rationale was the Veteran’s exposure to multiple known carcinogens during his active duty service, to specifically include diesel exhaust, raw diesel exhaust, battery acids, and welding fumes. The Veteran’s exposure to these chemicals is corroborated by his competent and credible sworn testimony before the undersigned Veterans Law Judge. While Dr. FG included herbicides and insecticides in the list of chemicals the Veteran was exposed to, he also stated that it was controversial that such exposure occurred. The evidence of record does not support verification of such exposure. However, the opinion of Dr. FG remains probative as it is not hinged on exposure to herbicide or insecticide. The Board is also cognizant of the VA examination and opinion of record. However, this opinion is assigned less probative value as the examiner indicated that it was impossible to offer the requested etiological opinion. 2. Entitlement to service connection for major depressive disorder, to include as secondary to non-Hodgkins lymphoma The March 2013 VA examination show the Veteran has a current diagnosis of major depressive disorder, and the VA examiner opined that it is at least as likely as not proximately due to or the result of the Veteran’s now service-connected non-Hodgkins lymphoma. The VA examiner stated that the Veteran did not have any mental health issues prior to his non-Hodgkin’s lymphoma diagnosis and that the depressive disorder he is diagnosed with is “due to surgery, treatment, and pain associated with the Veteran’s claimed large B-cell lymphoma.” Given the above decision granting service connection for the Veteran’s non-Hodgkins lymphoma the Board finds that the Veteran is entitled to secondary service connection for his major depressive disorder. BARBARA B. COPELAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P.S. McLeod