Citation Nr: 20036738 Decision Date: 05/28/20 Archive Date: 05/28/20 DOCKET NO. 18-42 865 DATE: May 28, 2020 ORDER Service connection for the cause of the Veteran’s death is granted. FINDINGS OF FACT 1. The Veteran was exposed to herbicide agents during his service in Thailand. 2. The Veteran’s death was caused or contributed to by a disorder presumptively related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for the cause of the Veteran’s death have been met. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from June 1962 to June 1965, March 1966 to March 1970, and April 1980 to July 1983. The Veteran died in December 2017, and his surviving spouse, D.D. filed the claim. The Board notes that the Veteran filed a claim for service connection for coronary artery disease due to herbicide exposure in November 2015. This claim was pending at the time of the Veteran’s death. It does not appear that any development has been taken on the claim, including consideration of the appellant’s status as a substitute. This matter is referred for appropriate action. The Veteran died in December 2017. The death certificate lists the cause of death as pneumonia with underlying causes of staphylococcus aureus and congested heart failure, with other contributing conditions listed as dementia, chronic obstructive pulmonary disease, and coronary artery disease. At the time of his death, the Veteran was service connected for tinnitus and seizure disorder. Death and indemnity compensation (DIC) benefits are payable to the surviving spouse of a veteran if the veteran died from service-connected disability. 38 U.S.C. § 1310; 38 C.F.R. § 3.5. Service connection for the cause of a veteran’s death is warranted if a disability incurred in or aggravated by service caused or contributed substantially or materially to the cause of death. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. Service connection may be established for disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be granted for any disease initially diagnosed after discharge, when all the evidence, including that pertinent to service, establishes the disease was incurred in service. 38 C.F.R. § 3.303(d). Service incurrence for certain diseases, including coronary artery disease, will be presumed based on an association with certain herbicide agents (e.g., Agent Orange). 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307(a)(6), 3.309(e). Such a presumption, however, requires evidence of actual or presumed exposure to herbicides. The Veteran and appellant have alleged that the Veteran was exposed to herbicide agents (e.g. Agent Orange) during his service in Thailand. VA has recognized herbicide exposure for veterans who performed their duties on or near the perimeters of Thai military bases during the Vietnam era, to include the Royal Thai Air Force Base (RTAFB) of Korat, where the Veteran was stationed. The record indicates that the Veteran worked as an aerospace photographic systems repairman with duties including repairing the camera systems of the F-105 and F4E aircraft while at Korat. The appellant has submitted a report on the use of herbicide agents at Korat RTAFB during the Vietnam era, Veteran Exposure to Herbicides and Toxic Chemicals used at Korat Royal Thai Air Force Base during the Vietnam era. The appellant contends that the Veteran’s duties placed him near the perimeter and within “the 500 meter Agent Orange drift zone.” The Board finds it credible that the Veteran’s duties required him to be in close proximity of perimeters of the airfield and/or base that has been linked to herbicide agents in Thailand. Coronary artery disease, which is a disease which was determined to have contributed to the Veteran’s death, is presumed related to herbicide exposure. Thus, the Board finds service connection is warranted for the cause of the Veteran’s death. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Snyder, 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.