Citation Nr: A20008596 Decision Date: 05/14/20 Archive Date: 05/14/20 DOCKET NO. 191107-43843 DATE: May 14, 2020 ORDER Entitlement to service connection for chronic lymphocytic leukemia is granted. FINDINGS OF FACT 1. The Veteran was exposed to herbicide agents while serving around the perimeter of Ubon Royal Thai Air Force Base (RTAFB) during the Vietnam era. 2. The Veteran has chronic lymphocytic leukemia. CONCLUSION OF LAW The criteria for entitlement to service connection for chronic lymphocytic leukemia are met. 38 U.S.C. §§ 1110, 1112, 1113, 5107(b); 38 C.F.R. §§ 3.102, 3.303(b), 3.307, 3.309(a). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 1968 to March 1973, including overseas service in Thailand. See March 1973 DD Form 214. The Board notes that the rating decision on appeal was issued in March 2011. In April 2018, the Veteran elected the modernized review system. The Veteran selected the Higher-Level Review lane when he opted into the Appeals Modernization Act (AMA) review system by submitting a Rapid Appeals Modernization Program (RAMP) election form. Accordingly, the September 2019 AMA RD considered the evidence as of the date VA received the RAMP election form. The Veteran timely appealed this RD to the Board and requested the direct review docket. See November 2019 VA Form 10182. A Veteran is entitled to the Department of Veterans Affairs (VA) disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a Veteran must show: (1) a present disability; (2) an 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, the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). A veteran who during active military, naval, or air service served in the Republic of Vietnam during the period beginning January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence establishing that the veteran was not exposed to any such agent. 38 U.S.C. § 1116(f) (2012) 38 C.F.R. § 3.307(a)(6) (2019). In order to benefit from the presumption of service connection for diseases associated with herbicide agent exposure, the veteran must have one of the diseases enumerated in 38 C.F.R. § 3.309(e), which includes chronic lymphocytic leukemia. Although a veteran who served in Thailand during the Vietnam era is not entitled to the legal presumption of exposure to an herbicide agent, VA’s Adjudication Procedure Manual, M21-1, provides that exposure to an herbicide agent may be considered on a “direct/facts-found basis” if a veteran served with the U.S. Air Force in Thailand during the Vietnam Era at one of the RTAFBs as an Air Force security policeman, security patrol dog handler, member of the security police squadron, or “otherwise near the air base perimeter” as shown by evidence of daily work duties, performance evaluation reports, or other credible evidence. M21-1, Part IV, Subpart ii, Chapter 1, Section H. Importantly, presumptive service connection based on herbicide exposure extends to those Veterans whose duties placed them on or near the perimeter of Thailand military bases. See M21-1, Part IV, Subpart ii, 1.H.5.b. The Veteran has chronic lymphocytic leukemia. See July 2013 VA examination report. Having carefully considered the evidence of record in light of the above-noted legal authority, the Board finds that service connection for chronic lymphocytic leukemia is warranted. The Veteran contends he was exposed to herbicide agents while stationed in Thailand. The Veteran stated he was stationed in Ubon RTAFB and was an aircraft mechanic that worked near the base perimeter. See May 2020 Informal Hearing Presentation (IHP). The Veteran also stated he flew on many trips out of Ubon and the aircraft taxied and took off near the base perimeter. See January 2011 and March 2014 Veteran statements. The Veteran’s service personnel records (SPRs) noted he flew missions as a weapons mechanic out of Ubon. See June 1971 SPRs. The Veteran provided photographs showing the close proximity of aircraft to the base perimeter in Ubon. See August 2013 and March 2014 Photographs. The Veteran served at the Ubon RTAFB and worked and flew on various aircraft as a weapons mechanic. See August 2019 Correspondence; June 1971 SPRs; March 1973 DD Form 214. The Board finds the Veteran credible with respect to his claims of serving near the perimeter of the base. The evidence above demonstrates the Veteran was frequently located near the perimeter of the base while working on aircraft as a weapons mechanic. As such, for purposes of this decision only, the Board finds that the Veteran was exposed to herbicide agents in service. Because the Veteran was exposed to herbicide agents at Ubon RTAFB and has chronic lymphocytic leukemia, service connection is presumed, and the claim is granted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Zheng, 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.