Citation Nr: 18143856
Decision Date: 10/22/18	Archive Date: 10/22/18

DOCKET NO. 18-31 470
DATE:	October 22, 2018
ORDER
Entitlement to service connection for Parkinson's disease, claimed as secondary to herbicide exposure, is granted.
FINDINGS OF FACT
The Veteran was exposed to herbicide agents during active service and his diagnosed Parkinson’s disease is presumed to have been caused by that exposure.  
CONCLUSION OF LAW
Parkinson’s disease is presumed to have been incurred in active service. 38 U.S.C. §§ 1110, 1116, 5107 (2012); 38 C.F.R. §§ 3.303, 3.307, 3.309 (2018).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran had active service from August 1958 to July 1962, and from January 1963 to July 1983, to include service in the Republic of Vietnam.  
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 rating decision.  
This case was previously before the Board in April 2016, at which time the issues currently on appeal were remanded for additional development.  The case has now been returned to the Board for further appellate action.  
In September 2018, the Veteran testified before the undersigned at a video-conference Board hearing.  A transcript of the hearing is included in the claims file.
The Veteran’s service personnel records show that he served in the Republic of Vietnam.  As such, his exposure to herbicide agent exposure is confirmed. Thus, the question to be addressed in this case is whether the Veteran has a diagnosis of Parkinson’s disease. 
In a medical June 2018 private treatment note, the Veteran’s private treating physician, Dr. M.C., indicated her impression that the Veteran had Parkinsonian syndrome.  Moreover, a December 2017 VA examination report shows that the Veteran had a present diagnosis of Parkinson’s disease. 
Given that Parkinson’s disease is a disease that is presumed related to herbicide exposure, service connection is warranted on this basis. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990).
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. O’Donnell, Associate Counsel