Citation Nr: 21003954 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 19-33 753 DATE: January 25, 2021 ORDER Service connection for Parkinson’s disease, as due to herbicide agent exposure, is granted. FINDING OF FACT The Veteran’s Parkinson’s disease is presumed related to his in-service herbicide agent exposure. CONCLUSION OF LAW The criteria for entitlement to service connection for Parkinson’s disease are met. 38 U.S.C. §§ 1110, 1116, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2020).   REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Marine Corps from October 1966 to November 1971. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a January 2019 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the Board at a hearing held by the undersigned in January 2021. Service Connection – Parkinson’s Disease The Veteran and his representative contend the Veteran’s Parkinson’s disease is the result of herbicide agent exposure during his service in Vietnam. See VA Form 21-0958, Notice of Disagreement, January 2019. The Board concludes that the Veteran has a current disability that is related to his in-service exposure to an herbicide agent during his service in Vietnam. 38 U.S.C. §§ 1110, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). Pertinent law and regulations provide that a Veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period starting on January 9, 1962, and ending on May 7, 1975, is presumed to have been exposed during such service to an herbicide agent. 38 C.F.R. § 3.307(a)(6)(iii). If a Veteran was exposed to an herbicide agent (to include Agent Orange) during active military, naval or air service and has contracted a disease enumerated in pertinent regulations, generally manifested to a degree of 10 percent or more at any time after service, the Veteran is entitled to a rebuttable presumption of service connection even though there is no record of such disease during service. 38 C.F.R. §§ 3.307, 3.309(e). The list of diseases includes Parkinson’s disease. 38 C.F.R. §§ 3.307(a)(6)(ii), 3.309(e). The Veteran’s service personnel records reflect that he participated in counterinsurgency operations in Vietnam beginning in February 1969. He was awarded the Republic of Vietnam Cross of Gallantry for engagement with the enemy during combat support missions from February 1969 to January 1970. In addition, in an April 1969 letter, the Veteran’s brother wrote that the Veteran was currently stationed in Quang Tri in Vietnam, and that the Veteran had been in Vietnam since February 1969. Therefore, the evidence reflects that the Veteran served in Vietnam during the relevant time period and the Veteran is presumed to have been exposed to herbicide agents during such service. In addition, private treatment records from a neurological clinic include multiple diagnoses of Parkinson’s disease beginning in December 2014. Additionally, a December 2014 record reflects that the Veteran was started on a trial of Sinemet for his Parkinson’s disease, and a January 2015 private treatment noted reflects that the Veteran was to continue Sinemet for his Parkinson’s disease. The January 2015 treatment note also indicates that the Veteran had masked facies, cogwheel rigidity, postural instability, micrographia, and slow shuffling gait, all indicated to be symptoms of Parkinson’s disease. Thereafter, the private treatment records continue to illustrate that the Veteran’s Parkinson’s disease was manifested by cogwheel rigidity and decreased arm swing. Thus, the medical evidence of record indicates the disability has manifested to a compensable level. 38 C.F.R. § 4.124a, Diagnostic Code 8004. Therefore, the Board concludes that presumptive service connection based on herbicide agent exposure is warranted for the Veteran’s Parkinson’s disease. The Board acknowledges that the December 2018 VA examination report does not reflect a diagnosis of Parkinson’s disease. The VA examiner indicated that “there is no available medical evidence the [V]eteran has been diagnosed with [P]arkinson’s disease by a civilian neurologist.” However, the private treatment records noted above were added to the claims file after the December 2018 VA examiner issued her examination report. Notwithstanding the lack of diagnosis in the December 2018 VA examination report, the Board concludes that the diagnoses of Parkinson’s disease in the private treatment records from a neurological clinic beginning in December 2014 is competent and credible evidence that the Veteran has Parkinson’s disease. As such, the Board has resolved reasonable doubt in the Veteran’s favor on the question of whether he has the current disability of Parkinson’s disease that has manifested to a compensable level. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). Accordingly, the Veteran is entitled to the presumption of herbicide agent exposure under 38 U.S.C. § 1116(f). The Veteran’s diagnosed Parkinson’s disease may therefore be presumptively service connected under 38 C.F.R. § 3.309(e) since the competent and credible evidence addressed above illustrates that it has manifest to a degree of 10 percent or more. 38 C.F.R. § 3.307(a)(6)(ii). Therefore, service connection for Parkinson’s disease is warranted. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Breitbach, 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.