Citation Nr: 19178331 Decision Date: 10/15/19 Archive Date: 10/15/19 DOCKET NO. 16-46 699A DATE: October 15, 2019 ORDER Entitlement to service connection for multiple myeloma is granted. FINDINGS OF FACT 1. The competent and credible evidence indicates the Veteran spent time on land in the Republic of Vietnam, and therefore is presumed to have been exposed to herbicide agents during service. 2. The Veteran’s multiple myeloma is presumed to have been incurred as a result of herbicide agent exposure. CONCLUSION OF LAW The criteria for entitlement to service connection for multiple myeloma have been met. 38 U.S.C. §§ 1110, 1112, 5107; 38 C.F.R. §§ 3.303 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1962 to June 1966. This matter comes before the Board of Veterans’ Appeals (Board) from a May 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.900(c). 1. Entitlement to service connection for multiple myeloma, as due to herbicide exposure The Veteran seeks service connection for multiple myeloma, which he asserts is due to exposure to herbicide agents during visitation at Da Nang Air Base in Vietnam. Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may be established on a presumptive basis for certain specified diseases, including multiple myeloma, if the Veteran served during specified time periods, was exposed to an herbicide agent, and the disease manifested to a degree of ten percent or more any time after service. 38 C.F.R. §§ 3.307(a)(6), 3.309(e). A veteran who served in the Republic of Vietnam during the Vietnam era (January 9, 1962 and ending on May 7, 1975) shall be presumed to have been exposed to an herbicide agent, 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). Upon review of the record, the Board acknowledges that the Veteran has been diagnosed with multiple myeloma. Thus, the first criterion for establishing service connection has been met. The Veteran’s service personnel records show that he served in the U.S. Navy aboard the USS Independence from May 1965 to December 1965. The Veteran’s DD 214 shows that his military occupational specialty (MOS) was jet aircraft servicer. During the July 2019 Board hearing, the Veteran testified that he was flown to Da Nang Air Base in August 1965 in response to a damaged aircraft, and throughout the appeal the Veteran has consistently stated that he spent time on the ground in the Republic of Vietnam. Additionally, a statement from R.W., who also served aboard the USS Independence, was received in July 2012. R.W. stated that the Veteran was sent to Da Nang Air Base to secure the jet engines before the plane was repaired. While the Veteran’s service personnel records do not contain evidence of service, including temporary duty, in the Republic of Vietnam, his MOS tends to support the type of work he described having to complete. As such, the Board finds the Veteran’s assertion of spending time on Da Nang Air Base is consistent with the circumstances of his service, and that it is at least as likely as not that his duty involved visitation on land in the Republic of Vietnam. Resolving reasonable doubt in the Veteran’s favor, the Board finds that the Veteran was exposed to herbicide agents during service. Accordingly, his multiple myeloma is presumed to be related to herbicide exposure; thus, service connection is warranted. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Lance, Law Clerk The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.