Citation Nr: 21002930
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 19-06 810
DATE: January 19, 2021

ORDER

Entitlement to service connection for residuals of prostate cancer, to include incontinence, is granted.

FINDING OF FACT

The most probative evidence of record establishes that it is at least as likely as not that the Veteran’s residuals of prostate cancer are etiologically due to exposure ot herbicide agents in service.  

CONCLUSION OF LAW

The criteria for entitlement to service connection for residuals of prostate cancer, to include incontinence, have been met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1960 to June 1986.

 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in January 2021.  This case has been processed under the Board’s One Touch Program.

The issues of entitlement to service connection for prostate cancer and entitlement to service connection for incontinence as secondary to prostate cancer have been combined as entitlement to service connection for residuals of prostate cancer, including incontinence, to recognize that incontinence is a residual of prostate cancer and not a separate disability.

1. Entitlement to service connection for residuals of prostate cancer, to include incontinence

The Veteran contends that his prostate cancer is the result of exposure to herbicides, either during temporary duty in Vietnam or while working on C-123 aircraft.  

The Board concludes that the Veteran has a current disability that is related to in-service exposure to herbicide agents. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). 

An October 2016 private treatment record shows the Veteran has a history of malignant neoplasm of prostate, which supports a finding of current residuals of prostate cancer.  

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, even if the disability was initially diagnosed after service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.

Additionally, service connection may be established on a presumptive basis for certain disabilities, including prostate cancer, resulting from exposure to herbicides.  A Veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to herbicides, unless there is affirmative evidence to establish that the Veteran was not so exposed during that service.  38 C.F.R. §§ 3.307(a)(6)(iii).  38 C.F.R. § 3.309(e). 

Personnel records show that the Veteran had temporary duty (TDY) in Viet Nam in June 1973. Therefore, he had service in the Republic of Vietnam during the applicable period and is presumed to have been exposed to herbicide agents. Given the exposure to herbicide agents, his prostate cancer is presumptively service connected. 38 C.F.R. § 3.309(e). 

For the foregoing reasons, entitlement to service connection for residuals of prostate cancer, to include incontinence, is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Budd, 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.