Citation Nr: 19100735
Decision Date: 01/03/19	Archive Date: 01/03/19

DOCKET NO. 17-54 949
DATE:	January 3, 2019

ORDER

Entitlement to service connection for multiple myeloma, claimed as secondary to herbicide exposure is granted.

FINDINGS OF FACT

1.  From June 1969 to May 1970 the Veteran was stationed at the Ubon Royal Thai Air Force Base, and there is evidence that he served as a temporary Security Augmentee on the perimeter of the base.

2.  Currently diagnosed multiple myeloma is at least as likely as not due to exposure to herbicides sprayed at the Ubon Royal Thai Air Force Base.

CONCLUSION OF LAW

The criteria for entitlement to service connection for multiple myeloma as due to herbicide exposure have been met.  38 U.S.C § 1110, 1112, 1113, 1137, 5107 (2012); 38 C.F.R. § 3.102, 3.303, 3.307, 3.309 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1966 to May 1970 in the United States Air Force as an Aircraft Inertial/Radar Navigation Systems Repairman (Repairman).  He was stationed at the Ubon Royal Thai Air Force Base.

This current appeal comes to the Board of Veterans’ Appeals (Board) from a February 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania.  This decision was itself a reconsideration of a September 2016 decision.

This appeal has been advanced on the docket pursuant to 38 U.S.C. § 7107 and 38 C.F.R. § 20.900(c).

Service Connection

Generally, to establish service connection 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.”  Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Diseases associated with exposure to certain herbicide agents will be considered to have been incurred in service even though there is no evidence of such disease during the period of service.  38 C.F.R. § 3.309(e). VA has conceded exposure for Veterans who served on a Royal Thai Air Force Base and whose duties took them near the base perimeter where herbicides were likely sprayed. VAOPGCPREC 7-93.

Since at least November 2015, the Veteran has been diagnosed with multiple myeloma, which is a listed presumptive condition for herbicide-exposed Veterans.  38 C.F.R. § 3.309(e).  In November 2018, a private physician submitted a note explaining that the Veteran still suffers from multiple myeloma and that it is not achieving remission.

The Veteran alleges that while serving as an aircraft radio and navigation system repairman stationed in Thailand, he stood guard duty as a Security Augmentee on the perimeter of the base, in those areas where VA has conceded exposure to tactical herbicides was likely.  Personnel records show that the Veteran did serve at Ubon Royal Thai Air Force Base from June 1969 to May 1970.  

Given the known facts and circumstances of this Veteran’s service, and general knowledge of the conditions of service and duties at the time, the Board finds the allegations to be entirely reasonable, and resolves all doubt in favor of the Veteran. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Standing guard duty is traditionally an assigned extra duty, and at the time of draw-downs the Veteran describes, use of personnel in different roles would be possible.  Further, there is no evidence to contradict the Veteran.

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	C. Harner, Associate Counsel