Citation Nr: 18150814 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 17-13 606 DATE: November 15, 2018 ORDER Service connection for coronary artery disease, to include as a result of in-service exposure to herbicide agents, is granted. Service connection for prostate cancer, to include as a result of in-service exposure to herbicide agents, is granted. FINDINGS OF FACT 1. The Veteran served in the Republic of Vietnam during the Vietnam era. 2. The Veteran has a current diagnosis of coronary artery disease. 3. The Veteran has a current diagnosis of prostate cancer. CONCLUSIONS OF LAW 1. The Veteran’s coronary artery disease is presumed to have been incurred in or as a result of active duty service. 38 U.S.C. §§ 1110, 1116, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307(a)(6), 3.309(e) (2017). 2. The Veteran’s prostate cancer is presumed to have been incurred in or as a result of active duty service. 38 U.S.C. §§ 1110, 1116, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307(a)(6), 3.309(e) (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service from July 1964 to June 1968. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1131; 38 C.F.R. § 3.303(a). Service connection requires: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). Service connection may also be granted for any disease diagnosed after discharge when the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). If a veteran was exposed to an herbicide agent during active service, presumptive service connection is warranted for several medical conditions, to include prostate cancer and ischemic heart disease. 38 C.F.R. § 3.309(e). As defined by 38 C.F.R. § 3.309(e), ischemic heart disease specifically includes coronary artery disease. A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. The last date on which such a veteran shall be presumed to have been exposed to an herbicide agent shall be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. “Service in the Republic of Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam. 38 C.F.R. 3.307(a)(6)(iii). The Veteran was stationed aboard the U.S.S. Bennington (CVS-20) from July 1966 to June 1968. See Military Personnel Records. According to VA’s list of Navy and Coast Guard Ships Associated with Service in Vietnam and Exposure to Herbicide Agents (“Ship List”), the U.S.S. Bennington entered Qui Nhon Bay Harbor on December 26, 1966. See Ship List (available at: https://www.benefits.va.gov/compensation/docs/shiplist.doc). All Veterans who served aboard this vessel at the time of entry into Vietnam’s inland waterways are eligible for the presumption of herbicide agents exposure. The evidence demonstrates that the Veteran was aboard the U.S.S. Bennington on December 26, 1966. Therefore, he is presumed to have been exposed to herbicide agents. 1. Coronary artery disease The Veteran has a current diagnosis of coronary artery disease and the Veteran is presumed to have been exposed to herbicide agents in Vietnam. Accordingly, the Board finds that the criteria for presumptive service connection for coronary artery disease have been met. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Therefore, entitlement to service connection for coronary artery disease is granted. 2. Prostate cancer The Veteran has a current diagnosis of prostate cancer and the Veteran is presumed to have been exposed to herbicide agents in Vietnam. Accordingly, the Board finds that the criteria for presumptive service connection for prostate cancer have been met. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Therefore, entitlement to service connection for prostate cancer is granted. Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Carolyn Colley, Associate Counsel