Citation Nr: 20031516 Decision Date: 05/05/20 Archive Date: 05/05/20 DOCKET NO. 19-13 669 DATE: May 5, 2020 ORDER The claim for prostate cancer as a result of exposure to the herbicide Agent Orange is granted. FINDINGS OF FACT 1. The Veteran served on temporary duty (TDY) in Vietnam from February to approximately April 1969 and is presumed to have been exposed to the herbicide Agent Orange. 2. The diagnosed prostate cancer is presumed to be the result of exposure to the herbicide Agent Orange during active service. CONCLUSION OF LAW The criteria for service connection for prostate cancer as a result of exposure to the herbicide Agent Orange are met. 38 U.S.C. §§ 1110, 1112, 1113, 1116, 5107 (2012); 38 C.F.R. §§ 3.303, 3.307, 3.309 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served in the U.S. Air Force on active service from January 1966 to May 1969. Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110 (2012). Generally, the evidence 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. Shedden v. Principi, 391 F.3d 1163, 1166-67 (Fed. Cir. 2004). There is no dispute that the Veteran is diagnosed with prostate cancer. VA examination in December 2018 and private medical records (PMR) establish the Veteran is diagnosed with prostate cancer and with benign prostatic hypertrophy. See 2018 VA Examination for Prostate Cancer; PMRs (rec’d 10/30/2018), p. 11 of 26. Moreover, the Board finds no dispute as to his service in the Republic of Vietnam, for two reasons. First, service personnel records (SPRs) show the Veteran was ordered to report to Tuy Hoa Airbase in the Republic of Vietnam for 120 days, effective February 4, 1969. The agency of original jurisdiction (AOJ) points to rescission orders that purportedly canceled these TDY orders. However, the rescission orders clearly referenced later orders for a later period. Second, the Veteran has submitted copies of documents that support his presence in the Republic of Vietnam, i.e., his ration card and customs declaration. The ration card is issued in the Veteran’s name, dated February 6, 1969 from U.S. Military Assistance Command, Vietnam. His organization is listed as AST-3 at APO 96316, which is the APO for Tuy Hoa, Republic of Vietnam. The customs declaration likewise identifies the Veteran by name, and the APO as 96316. These U.S. military documents provide compelling evidence that the Veteran served on TDY in the Republic of Vietnam. Hence, he is presumed exposed to herbicides. 38 C.F.R. § 3.307(a)(6). Further, he is entitled to the application of the presumption of service connection for prostate cancer as a listed disease in 38 C.F.R. § 3.309(e). Accordingly, service connection for prostate cancer is warranted. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L.J. Bakke, 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.