Citation Nr: 19141237 Decision Date: 05/29/19 Archive Date: 05/29/19 DOCKET NO. 16-23 479 DATE: May 29, 2019 ORDER Entitlement to service connection for prostate cancer also claimed as residuals of prostate cancer and incontinence due to herbicide exposure is granted. FINDINGS OF FACT 1. Based on his competent and credible assertion of having served in close proximity to the perimeter of the Korat Royal Thai Air Force Base in Thailand from June 1968 to June 1969, and resolving doubt in his favor, the Veteran is presumed to have been exposed to herbicides during active service. 2. The Veteran has prostate cancer which is presumed to be related to his exposure to herbicides during his active service in Thailand. CONCLUSION OF LAW Resolving any reasonable doubt in the Veteran’s favor, the criteria for entitlement to service connection for prostate cancer have been met. 38 U.S.C. §§ 1110, 1112, 1113, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Air Force from April 1950 to April 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). In October 2018, the Veteran testified before the undersigned Veterans Law Judge and a copy of the transcript is associated with the record. The Board has limited the discussion below to the relevant evidence required to support its findings of fact and conclusions of law, as well as to the specific contentions regarding the case as raised directly by the Veteran and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016); Robinson v. Peake, 21 Vet. App. 545, 552 (2008). Entitlement to service connection for prostate cancer. The Veteran seeks entitlement to service connection for prostate cancer which he attributes to herbicide exposure while stationed in Thailand during his active military service. The Veteran has consistently stated throughout the appeal period that he was stationed in Thailand and was required to walk the perimeter of the Air Force base to ensure the television signals were maintained. See May 2014 Statement; December 2014 Statement; April 2015 Notice of Disagreement; and May 2016 Form 9. In the October 2018 hearing, the Veteran testified that worked as a station manager of a television station in Korat from June 1968 to June 1969. The Veteran stated that he walked the perimeter of the base to ensure the television signal was not received by non-military persons. In addition, the Veteran stated that his living quarters were near the herbicide storage area. In addition, the aircrafts used on the base were powerful enough to blow the Agent Orange herbicide all over the base when the aircrafts were started. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Additionally, the law provides that "a Veteran who, during active military, naval, or air service, served in the Republic of Vietnam 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." 38 U.S.C. § 1116(f); see also 38 C.F.R. § 3.307. If a Veteran was exposed to an herbicide agent during active military, naval, or air service, Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes) shall be service connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met. 38 C.F.R. § 3.309(e). All veterans who served in the Republic of Vietnam during the Vietnam era are presumed to have been exposed to an herbicide agent. See 38 U.S.C. § 1116(f); 38 C.F.R. § 3.307. However, in this case, the Veteran's service personnel records do not show that he served in Vietnam. Rather, the Veteran claims exposure to herbicide agents while stationed at the Korat Royal Thai Air Force Base in Thailand. VA has adopted a procedure for verifying exposure to herbicides in Thailand during the Vietnam era. See VA Adjudication Manual, M21-1MR, Part IV, Subpart ii, Chapter 2, Section C ("M21-1MR"). Specifically, VA has determined that there was significant use of herbicides on the fenced-in perimeters of military bases in Thailand. The herbicide use was intended to eliminate vegetation and ground cover for base security purposes. VA has acknowledged that the herbicides used on the Thailand base perimeters may have been tactical or a commercial variant of much greater strength and with the characteristics of tactical herbicides. Special consideration of herbicide exposure on a facts-found or direct basis should be extended to those veterans whose duties placed them on or near the perimeters of Thailand military bases. This allows for presumptive service connection of the diseases associated with herbicide exposure. The majority of troops in Thailand during the Vietnam era were stationed at the Royal Thai Air Force Bases of U-Tapao, Korat, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang. If a veteran served on one of these air bases as a security policeman, security patrol dog handler, member of a security police squadron, or otherwise served near the air base perimeter, as shown by MOS (military occupational specialty), performance evaluations, or other credible evidence, then herbicide exposure should be acknowledged on a facts-found or direct basis. These provisions apply only during the Vietnam era. See M21-1MR, Part IV, Subpart ii, Chapter 2, Section C.10.(q). At the outset, the Board finds that the Veteran’s medical evidence establishes a diagnosis of prostate cancer. See June 2009 private treatment record. The record shows the Veteran has a current disability of prostate cancer and if the Veteran is found to have been exposed to an herbicide agent during military service, presumptive service connection is warranted for the Veteran’s prostate cancer. The Veteran’s DD Form 214 shows his MOS as television and radio production technician which is not one of the occupations listed in the M21-1MR as presumed to have been performed at or near an air base perimeter. However, the Veteran indicated that part of his job was working in areas adjacent to the base perimeter. The Veteran’s service records confirm that he was stationed at the Korat Royal Thai Air Force Base from April 1968 to April 1969 working as a station manager. The records do not clearly show that the Veteran was exposed to herbicides while stationed there. However, the Veteran has provided lay testimony and evidence showing that he was required to perform perimeter walks as apart of his MOS. The Veteran is competent to report his activities at the base and the Board finds no basis in the record to question the Veteran’s credibility regarding his statements. The service records portray the Veteran as an individual of high moral character, trustworthy, and who was competent in his work as a television and radio production technician. See April 1969 Performance Evaluation. The Deputy Chief of the division in 1969 stated in the evaluation that the Veteran’s performance of duty in Southeast Asia was exceptional and leaves little to be desired. Further, the Veteran received the Air Force Commendation Medal for his meritorious service as Station Manager at the Korat Royal Thai Force Base from June 1968 to June 1969. See September 2009 Citation. The Veteran’s statements, taken in conjunction with the information regarding herbicide use in Thailand, supports a finding that the Veteran was exposed to herbicides during his active service. The Veteran’s post-service medical records reflect a diagnosis of prostate cancer. Therefore, service connection for prostate cancer is warranted on a presumptive basis. See 38 C.F.R. §§ 3.303, 3.307, 3.309. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Harris, Attorney Advisor 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.