Citation Nr: 18142532
Decision Date: 10/16/18	Archive Date: 10/16/18

DOCKET NO. 16-22 088
DATE:	October 16, 2018
ORDER
Service connection for chronic lymphocytic leukemia is granted.
FINDING OF FACT
The Veteran’s chronic lymphocytic leukemia is related to exposure to Agent Orange during service in Korea. 
CONCLUSION OF LAW
The criteria for service connection for chronic lymphocytic leukemia are met.  38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served honorably from March 1967 to November 1970, including service in Korea. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) denying the Veteran entitlement to service connection for his chronic lymphocytic leukemia (CLL).
The Veteran contends that his current diagnosis of CLL is connected to exposure to Agent Orange, an herbicide used in the DMZ area in South Korea. According to the Veteran’s service records and statements, he was stationed in South Korea assigned to hawk missile maintenance.
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 diagnosed after service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. As a general matter, service connection for a disability on the merits of such claim is focused upon (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and an injury or disease during service. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007).
In the June 2018 VA medical treatment records, it was reported that the Veteran’s CLL was diagnosed in 2008. Therefore, Veteran’s VA medical records indicate a current diagnosis and ongoing treatment for CLL. 
A Veteran is presumed to have been exposed to herbicides if he or she, “during active military, naval, or air service … operated in or near the Korean DMZ” 38 C.F.R. § 3.307 (a)(6)(iv). The Veteran contends that his duties included visiting several hawk missile sites around South Korea to maintain and inspect the Missile launchers, including sites within the DMZ. Although the service records do not specifically mention that the Veteran was assigned to inspect these sites within the DMZ, the Board finds the Veteran credible. His service records place him near the DMZ, and indicate that he was to inspect different Hawk Missile Sites. They do not mention specific missions or outings to any specific locations. Under the “benefit-of-the-doubt” rule, where an approximate balance of positive and negative evidence exists regarding the merits of an issue material to the determination of a matter, the Veteran shall prevail upon the issue. 38 C.F.R. § 3.102. Weighing the benefit of the doubt in favor of the Veteran, the Board finds there is no affirmative evidence to establish the Veteran was not exposed to herbicides, and an in-service event is established.
While the Veteran was not diagnosed with CLL during service, treatment records show he was diagnosed after service. VA regulations presume service connection for certain diagnoses associated with herbicide exposure under 38 C.F.R. §§ 3.307 if the diagnosis became manifest any time after service. 38 C.F.R. § 3.307(a)(6)(ii). Chronic lymphocytic leukemia is included in the list of cited presumptive disabilities. 
The Veteran was exposed to Agent Orange in the Korean DMZ, and CLL is a disability presumed as long as it becomes manifest to a compensable degree any time after Agent Orange exposure. Thus, the Board finds that the Veteran’s CLL is service connected, because he has a current diagnosis, he was exposed to herbicides in service, and the nexus is presumed. 38 C.F.R. § 3.309(e). 

 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Drew Kelly, Associate Counsel