Citation Nr: 20007641 Decision Date: 01/29/20 Archive Date: 01/29/20 DOCKET NO. 19-20 487 DATE: January 29, 2020 ORDER New and material evidence has been received to reopen a claim of entitlement to service connection for chloracne, claimed as secondary to herbicide agent exposure, and to that extent only the claim is granted. Entitlement to service connection for chloracne, claimed as secondary to herbicide agent exposure, is granted. FINDINGS OF FACT 1. An August 2015 rating decision denied service connection for chloracne. The Veteran did not appeal that decision or submit relevant evidence during the appeal period and the decision became final. 2. After the August 2015 rating decision, additional relevant original military personnel records were received, and the claim must be reconsidered. 3. The Veteran served in the Republic of Vietnam (RVN) during his time in-service and herbicide agent exposure is presumed. CONCLUSIONS OF LAW 1. The claim of entitlement to service connection for chloracne must be reconsidered. 38 U.S.C. § 5108; 38 C.F.R. § 3.156(c). 2. The criteria for entitlement to service connection for chloracne, to include as due to herbicide agent exposure, are met. 38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1968 to August 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for chloracne, claimed as secondary to herbicide agent exposure 2. Entitlement to service connection for chloracne, claimed as secondary to herbicide agent exposure The Veteran contends that he is entitled to service connection for chloracne because his current condition is the result of herbicide agent in-service. After review of the procedural history of this appeal, the Board finds that it is before the Board on a de novo basis, and it is unnecessary to first consider whether new and material evidence has been submitted. Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To establish a service connection for a 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. Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2010); Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). A Veteran, who during active service, served in the Republic of Vietnam during the Vietnam era shall be presumed to have been exposed during that service to an herbicide agent, unless there is affirmative evidence to establish that the Veteran was not exposed to any herbicide agent during service. 38 U.S.C. § 1116(f); 38 C.F.R. § 3.307(a)(6)(iii). Service connection based on herbicide agent exposure will be presumed for certain specified diseases that become manifest to a compensable degree within a specified period of time. 38 U.S.C. § 1116(f); 38 C.F.R. § 3.307(a)(6). The list of diseases presumed related to exposure to herbicide agents includes chloracne. 38 U.S.C. §§ 1112, 1113; 38 C.F.R. §§ 3.307(a)(3), 3.309(a), (e). If a veteran was exposed to herbicide agents during active service, certain diseases, including chloracne shall be service-connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even if there is no record of that disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307, 3.309(e). A June 2015 VA examination noted a diagnosis of with chloracne. He reported numerous blackheads, boils, and infections spreading up his back as well. His symptoms included itching, pain, scaling, dryness and occasional pain. The Veteran reported that his symptoms had become so severe that it turned into cellulitis. He stated that he wears compression stockings and has used a variety of topical medications with modest improvement. In a medical opinion, the VA examiner stated that it was “at least as likely as not” that the Veteran’s chloracne was incurred in or caused by service. The RO denied the claim based on the diagnosed disability did not manifest to a compensable degree within one year of separation from service. Regardless of the applicability of the presumption, a claimant is not precluded from establishing service connection with proof of direct causation. The June 2015 VA examiner has found that the claimed disability is the result of active service. Accordingly, resolving reasonable doubt in favor of the Veteran, the Board finds that service connection for chloracne, is warranted. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C. § 5107; 38 C.F.R. § 3.102. T.D. JONES Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. D. Cross, 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.