Citation Nr: 18147779 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 18-15 707 DATE: November 6, 2018 ORDER Service connection for Parkinson’s disease is granted. REMANDED Service connection for a pulmonary disorder, to include as secondary to service connected Parkinson’s disease, is remanded. FINDINGS OF FACT 1. The Veteran is presumed to have been exposed to herbicides agents while on active duty in the Republic of Vietnam. 2. The competent medical and other evidence of record reflects the Veteran has been diagnosed with Parkinson’s disease. CONCLUSION OF LAW The criteria for service connection for Parkinson’s disease have been met. 38 U.S.C. §§ 1110, 1116, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from May 1970 to December 1971, to include service in the Republic of Vietnam from October 1970 to October 1971. The Veteran is in receipt of the Vietnam service medal, Combat Infantryman’s Badge, and a Bronze Star Medal. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. The Board notes that, in his March 2018 substantive appeal, the Veteran requested a videoconference hearing. However, in an October 2018 Informal Hearing Presentation, the Veteran’s representative withdrew such hearing request. 38 C.F.R. § 20.704(e) (2017). Therefore, the hearing request is deemed to be withdrawn. Service Connection 1. Parkinson’s Disease The Veteran contends that he has Parkinson’s disease due to in-service exposure to herbicide agents. As the Veteran served in the Republic of Vietnam, he is presumed to have been exposed to herbicide agents. See 38 U.S.C. § 1116. Further, veterans exposed to herbicide agents are presumed service-connected for certain conditions, including Parkinson’s disease, even if there is no record of such disease during service, so long as the disability manifests to a degree of 10 percent or more at any time after service. 38 C.F.R. §§ 3.307(a)(6), 3.309(e). In this case, service connection was denied below because there was no evidence that this disability manifested within one year of service discharge, and the RO notes that Veteran does not carry a diagnosis of Parkinson’s disease but rather had been diagnosed with parkinsonism. However, a March 2018 statement from Dr. A. S., a VA neurologist, indicates that it was just as likely that the Veteran had Parkinson’s disease along with other brain dysfunction such as dementia. This diagnosis of Parkinson’s disease satisfies the requirement of a current disability. See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In summary, the Board finds that service connection is warranted, as the record establishes that the Veteran served in Vietnam and that he has been diagnosed with Parkinson’s disease. Therefore, the Board resolves all doubt in the Veteran’s favor and finds that service connection for Parkinson’s disease is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). REASONS FOR REMAND 1. Service connection for a pulmonary disorder, to include as secondary to service connected Parkinson’s disease, is remanded. In its October 2018 Informal Hearing Presentation, the Veteran’s representative argued that his pulmonary disorder was caused or aggravated by his Parkinson’s disease. Specifically, they argue that the Veteran’s immobility associated with this Parkinson’s disease resulted in his pulmonary disorder. The clinical evidence of record reflects a diagnosis of chronic obstructive pulmonary disease (COPD). On remand, an etiology opinion should be obtained. See 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matter is REMANDED for the following action: 1. The claims file should be forwarded to a physician or other appropriate medical professional to offer an opinion regarding the etiology of the Veteran’s claimed pulmonary disorder. An examination of the Veteran is not required unless deemed necessary by the medical professional selected to offer the opinion. The examiner should offer an opinion as to the following questions: (a) Is it at least as likely as not (50 percent or greater probability) that any currently diagnosed pulmonary disorder had its onset during any period of service, or is otherwise related to such periods of service, to include his exposure to herbicide agents? (b) Is it at least as likely as not (50 percent or greater probability) that any such pulmonary disorder was caused by the now service-connected Parkinson’s disease? (c) Is it at least as likely as not (50 percent or greater probability) that any such pulmonary disorder was aggravated by the now service-connected Parkinson’s disease? In offering the foregoing opinion, the examiner should consider the Veteran’s service treatment records as well as the Veteran’s lay statements regarding the onset and continuity of his pulmonary symptoms. Any opinion expressed should be accompanied by a supporting rationale. 2. After completing the above actions, to include any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. KRISTY L. ZADORA Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Anderson