Citation Nr: 21061675
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 17-32 858
DATE: October 5, 2021

ORDER

Service connection for bladder cancer is granted.

FINDING OF FACT

The Veteran served in the Republic of Vietnam during his active military service, presumptively exposing him to herbicides, and he has been diagnosed with bladder cancer.  

CONCLUSION OF LAW

The criteria for service connection for bladder cancer have been met.  38 U.S.C. §§ 1110, 1116; 38 C.F.R. §§ 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from June 1966 to June 1968.  The matter is on appeal before the Board from a November 2015 rating decision.  

Service Connection Bladder Cancer

Service connection may be granted for any disease first diagnosed many years after service, so long as such a disease relates to military service.  38 C.F.R. § 3.303(d).  

Service connection may be granted on a presumptive basis for certain diseases resulting from exposure to an herbicide agent (including Agent Orange) for Veterans who, during active military, naval, or air service, served in the Republic of Vietnam between January 1962 and May 1975, so long as the requirements of 38 U.S.C. § 1116 and 38 C.F.R. § 3.307(a)(6)(iii) are met, and the rebuttable presumption provisions of 38 U.S.C. § 1113 and 38 C.F.R. § 3.307(d) are also satisfied.  38 C.F.R. § 3.309(e).  Service in Vietnam includes the landmass and the territorial sea, which is defined as the 12 nautical miles surrounding Vietnam.  See Procopio v. Wilkie, 913 F.3d 1375-1376, 1379-1380 (Fed. Cir. 2019).  The National Defense Authorization Act for Fiscal Year 2021 added three disorders to the list of diseases presumptively associated with exposure to herbicide agents, which includes bladder cancer.  See National Defense Authorization Act for Fiscal Year 2021, Pub. L. 116-283 (enacted January 1, 2021).  

The Veteran's military personnel record reflects that he had service in the Republic of Vietnam from December 1966 to December 1967.  As such, exposure to herbicide agents is presumed.  The Veteran's VA and private treatment records reflect a diagnosis for bladder cancer with continued treatment.  Accordingly, service connection for bladder cancer as a result of exposure to herbicides is granted.  

 

 

L. Chu

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Lutgens-Staley, 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.