Citation Nr: 20007906 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 16-56 909 DATE: January 30, 2020 ORDER Entitlement to service connection for diabetes mellitus type II, secondary to herbicide exposure, is granted. FINDING OF FACT The Veteran has a current diagnosis of diabetes mellitus type II which is related to his exposure to herbicides while serving in Vietnam. CONCLUSION OF LAW The criteria for service connection for diabetes mellitus type II, secondary to herbicide exposure, have been met. 38 U.S.C. §§ 1116, 5107(b); 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1966 to May 1969. These appeals arose to the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, from a September 2014 rating decision. The Veteran testified before the undersigned Veterans Law Judge (VLJ) in October 2019. A transcript of that hearing is associated with the record. Entitlement to service connection for diabetes mellitus type II, secondary to herbicide exposure The Veteran contends he is entitled to service connection for diabetes mellitus type II based on his exposure to herbicide agents in Vietnam. For the following reasons, the Board finds service connection warranted. Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Establishing service connection generally requires competent evidence of three things: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, i.e., a nexus, between the claimed in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009). (Continued on the next page)   If a veteran was exposed to an herbicide agent during active military, naval, or air service, certain diseases, including diabetes mellitus type II, may be service connected if the requirements of 38 U.S.C. § 1116 and 38 C.F.R. § 3.307(a)(6) are met, even though there is no record of such disease during service. 38 C.F.R. §§ 3.307(d), 3.309(e). In this case, there is no dispute that the Veteran served in the Republic of Vietnam. The record shows he was previously denied service connection because a diagnosis of diabetes mellitus type II could not be demonstrated. See September 2014 VA examination report finding that there was not an official diagnosis of diabetes mellitus, type II. However, the Veteran’s most recent VA Compensation and Pension (C&P) examination report, from November 2019, shows that he does have a current diagnosis of diabetes mellitus, type II (the examiner stated the onset of the disease was very recent). Accordingly, the Board is satisfied that, given his current diagnosis and service in the Republic of Vietnam, service connection on a presumptive basis is warranted. See 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307, 3.309. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ryan, 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.