Citation Nr: 18155069 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 17-06 898 DATE: December 4, 2018 ORDER Entitlement to service connection for residuals of prostate cancer is granted. FINDING OF FACT It is reasonably shown by the record that the Veteran was exposed to certain herbicide agents during his service and any residuals of his prostate cancer are presumed to be related to this exposure. CONCLUSION OF LAW The criteria for service connection for prostate cancer and residuals of prostate cancer, to include as due to herbicide agent exposure, have been met. 38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309(e). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Air Force from June 1966 to March 1970. The Veteran seeks service connection for residuals of prostate cancer due to in-service exposure to herbicide agents. He contends in his August 2015 correspondence that he was exposed to Agent Orange during his service in Thailand at Udorn Air Force Base as a jet engine mechanic from August 1967 to January 1968. He asserts that, while at Udorn, his barracks was located along the perimeter of the base and he recalls several times when the perimeter behind his barracks was sprayed with Agent Orange. In his October 2016 correspondence, the Veteran further asserted he was exposed to Agent Orange around the flight line near the jet engine shop. Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. “To establish a right to compensation for a present disability, a veteran must show: “(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, the so-called “nexus” requirement.” Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). If a veteran was exposed to an herbicide agent during active military, naval, or air service, certain diseases, such as prostate cancer, are presumed to be service connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even though there is no record of the disease during service. 38 U.S.C. § 1116(a); 38 C.F.R. § 3.309(e). VA laws and regulations provide that a Veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the Vietnam war (i.e., January 9, 1962, to May 7, 1975), shall be presumed to have been exposed to an herbicide agent, unless there is affirmative evidence to the contrary. 38 U.S.C. § 1116(a)(3); 38 C.F.R. § 3.307(a)(6)(iii). Additionally, for Air Force veterans who served at certain Royal Thai Air Force Bases (RTAFBs), including Udorn, as a security policemen, security patrol dog handlers, members of the security police squadron, or otherwise near the air base perimeter as shown by evidence of daily work duties, performance evaluation, or other credible evidence of record, exposure to herbicide agents is also presumed. The Veteran’s military personnel record confirms his service at Udorn starting in August 1967 as a jet engine mechanic. August 2015 and March 2016 statements from the Veteran’s friend, with whom he served, corroborate the Veteran’s contentions with respect to his barracks being close to the perimeter. Furthermore, the Veteran’s friend explained in his August 2015 statement that the engine shop where he and the Veteran worked was about 200 to 300 feet away from the flight line and to get to the engine shop he and the Veteran rode a bus. In January 2016, the Veteran provided an ariel photograph which appears to show his barracks (“overflow hooch barracks”) within close proximity to the camp perimeter. The Board acknowledges the record includes an October 2015 memorandum from VA’s Compensation Service indicating it could not provide evidence to corroborate the Veteran’s claim of in-service herbicide agents exposure and that a request to the Joint Services Records Research Center (JSRRC) should be made, barring particular circumstances. The record does not reflect that a request to JSRRC was made. However, the Board finds the Veteran’s assertions of in-service exposure to herbicide agents competent and credible. In light of the evidence of record and after resolving reasonable doubt in favor of the Veteran, the Board finds that the Veteran’s duties likely placed him at or near the perimeter of the Udorn RTAFB. Accordingly, the Veteran’s exposure to herbicide agents in Thailand is conceded on a factual basis. (Continued on the next page)   With these facts established, it is VA’s policy to presume exposure to herbicide agents. Further, the residuals of prostate cancer are included on the list of diseases determined to be presumptively due to herbicide exposure. The Veteran’s private treatment records reflect that he has a diagnosis of prostate cancer. Therefore, a nexus to service is established. See 38 C.F.R. § 3.307(a)(ii). Accordingly, service connection for residuals of prostate cancer is warranted. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R.Vemulapalli, Associate Counsel