Citation Nr: 18152189 Decision Date: 11/21/18 Archive Date: 11/21/18 DOCKET NO. 16-35 339 DATE: November 21, 2018 ORDER Entitlement to service connection for coronary artery disease is granted. FINDING OF FACT The Veteran had herbicide exposure during his military service in Thailand and has a current diagnosis of coronary artery disease. CONCLUSION OF LAW Coronary artery disease is presumed to have been incurred in active service. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1116, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 1965 to December 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision. Law and Analysis Service connection may be established for disability resulting from personal injury suffered or disease contracted in the line of duty in active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. As coronary artery disease is considered to be a chronic disease for VA compensation purposes, if chronicity in service is not established, a showing of continuity of symptoms after discharge may support the claim. 38 C.F.R. §§ 3.303(b), 3.309; Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). In addition, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, certain chronic disabilities, including arteriosclerosis (including coronary artery disease), are presumed to have been incurred in service if they manifested to a degree of 10 percent or more within one year from the date of separation from service. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309. The law also provides that diseases associated with exposure to certain herbicide agents used in support of military operations in Vietnam during the Vietnam era will be considered to have been incurred in service. 38 U.S.C. § 1116(a)(1); 38 C.F.R. § 3.307(a)(6). A veteran is presumed to have been exposed to herbicides if he or she served in Vietnam between January 9, 1962, and May 7, 1975, unless there is affirmative evidence to establish that the Veteran was not exposed to any such agent during that service. 38 U.S.C. § 1116 (f); 38 C.F.R. § 3.307(a)(6)(iii). The presumption of service connection requires exposure to an herbicide agent and manifestation of the disease to a degree of 10 percent or more within the time period specified for each disease. 38 C.F.R. § 3.307(a)(6)(ii). VA has determined that special consideration of herbicide exposure on a factual basis should also be extended to veterans whose duties placed them on or near the perimeters of certain Thailand military bases. As such, herbicide exposure should be conceded on a facts found or direct basis if a veteran served in the Air Force in Thailand during the Vietnam era at one of the listed bases as a security policeman, a security patrol dog handler, a member of a security police squadron, or otherwise served near the air base perimeter, as shown by military occupational specialty, performance evaluations, or other credible evidence. The disorders associated with herbicide exposure for purposes of this presumption include ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal's angina). 38 U.S.C. § 1116(a)(2); 38 C.F.R. § 3.309(e). Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits. VA shall consider all information and lay and medical evidence of record in a case and when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). In considering the evidence of record under the laws and regulations as set forth above, the Board finds that the Veteran is entitled to service connection for coronary artery disease. The Veteran has contended that he developed coronary artery disease as a result of herbicide exposure while he was stationed at Udorn Royal Thai Air Base in 1968. He also stated that traveled to Ubon, Nakhon Phanom, Kort, and Utapao, while he was stationed at Udorn. See, e.g., July 2016 substantive appeal. The Veteran’s service personnel records show that he was assigned to the 432 Security Police Squadron at Udorn from December 1967 to December 1968. His military occupational specialty was an administrative specialist, but it was noted that he was trained as a security policeman while in Thailand. See, e.g., May 1968 service personnel records. Thus, the evidence shows that the Veteran served in a security police squadron and was trained as a security policeman. Therefore, resolving any reasonable doubt in favor of the Veteran, the Board finds that he had herbicide exposure during his service in Thailand. Moreover, the evidence shows that the Veteran has been diagnosed with a form of ischemic heart disease. For example, a VA treatment record dated in August 1971 shows that he has been diagnosed with coronary artery disease. See also December 2017 disability benefits questionnaire. Based on the foregoing, the Veteran was exposed to herbicides during his military service and has current disorder that is presumed to be associated with such exposure. Accordingly, the Board concludes that service connection is warranted for coronary artery disease. J.W. ZISSIMOS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Osegueda, Counsel