Citation Nr: 20002907 Decision Date: 01/14/20 Archive Date: 01/13/20 DOCKET NO. 16-59 785 DATE: January 14, 2020 ORDER Entitlement to service connection for scars, residuals of malignant fibrous histiocytoma, secondary to herbicide exposure, is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran’s favor, the evidence of record is at least in equipoise as to whether the Veteran’s malignant fibrous histiocytoma was caused by or related to conceded in-service herbicide exposure. CONCLUSION OF LAW The criteria for entitlement to service connection for scars, residuals of malignant fibrous histiocytoma, secondary to herbicide exposure, have been met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1969 to April 1971. The records confirm that the Veteran served in the Republic of Vietnam (RVN) during the Vietnam War Era. Therefore, exposure to herbicides, to include Agent Orange, has been conceded. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). As an initial matter, the Board notes that the Veteran filed a claim for service connection for malignant fibrous histiocytoma. However, as the evidence of record indicates that the Veteran is currently cancer free, the claim has been recharacterized as one for residuals of malignant fibrous histiocytoma. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Additionally, because the Veteran’s claim for service connection for scars resulting from the removal of his malignant fibrous histiocytoma would be considered a residual, the Board has combined the claims into a single claim of entitlement to service connection for scars, residuals of malignant fibrous histiocytoma, secondary to herbicide exposure. See Id. Entitlement to service connection for scars, residuals of malignant fibrous histiocytoma, secondary to herbicide exposure, is granted. Factual Background The Veteran’s service treatment records (STRs) are silent as to complaints or a diagnosis of malignant fibrous histiocytoma. See STR-Medical. The Veteran’s private medical records indicate that a malignant fibrous histiocytoma was treated with surgery and radiation in 1976, with subsequent follow up appointments in 1979, 1980, 1981, 1982, 1983, and 1984 at O’Conner Hospital. Records relating to the follow up appointments are not available. See February 1992, Dr. M. Martin; March 2015 Dr. R. Hagen Letter; April 2016 Dr. R. Samuel Letter; August 2013, O’Connor Hospital. In April 2016, the Veteran underwent a VA examination, in which the examiner noted scarring and disfigurement due to the surgical and radiation treatment of the Veteran’s malignant fibrous histiocytoma. See April 2016 VA Scars/Disfigurement Disability Benefits Questionnaire (DBQ). Analysis Establishing service connection generally requires medical, or in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a link between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F. 3d 1163, 1166-67 (Fed. Cir. 2004). If a claimant was exposed to an herbicide agent during active service, the list of diseases provided in 38 C.F.R. § 3.309(e) shall be service-connected if the requirements of 38 U.S.C. § 1116 and 38 C.F.R. § 3.307(a)(6)(iii) are met, even though there is no record of such disease during service, and provided the rebuttable presumption provisions of 38 U.S.C. § 1113 and 38 C.F.R. § 3.307(d) are also satisfied. Here, the record shows that the Veteran was diagnosed and treated for a malignant fibrous histiocytoma, which is considered a soft-tissue sarcoma (Note 1 under 38 C.F.R. § 3.309(e) and that he has current residuals, including scarring. See February 1992, Dr. M. Martin; March 2015 Dr. R. Hagen Letter; April 2016 Dr. R. Samuel Letter; August 2013, O’Connor Hospital; April 2016 VA Skin Diseases DBQ; April 2016 VA Scars/Disfigurement DBQ. Additionally, as noted above, the Veteran’s service personnel records show that the Veteran served in the RVN during the Vietnam War Era, and therefore exposure to herbicide agents has been conceded. As such, the Veteran would be entitled to service connection for his malignant fibrous histiocytoma. (Continued on Next Page)   Accordingly, entitlement to service connection for scars, residuals of malignant fibrous histiocytoma, secondary to herbicide exposure, is granted. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. T. Martin III, Associate Counsel 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.