Citation Nr: 21068149 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 19-13 953 DATE: November 9, 2021 ORDER Entitlement to service connection for ischemic heart disease, including atherosclerosis of the aorta, is granted. FINDING OF FACT Resolving all doubt in the Veteran's favor, the evidence demonstrates that the Veteran was exposed to herbicide agents during his period of military service and that he was diagnosed with a type of ischemic heart disease during the period on appeal. CONCLUSION OF LAW The criteria for service connection for atherosclerosis of the aorta have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1966 to April 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2019 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) during an April 2021 videoconference hearing. A transcript of that hearing is associated with the claims file. Initially, the Board notes that the February 2019 rating decision adjudicated the heart disability claim as multiple issues. The Board has combined the issues into one issue. See Clemons v. Shinseki, 23 Vet. App. 1 (2009) (holding that when a claimant makes a claim, he or she is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled). Entitlement to service connection for a heart disability Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence must show: (1) the existence of a present disability; (2) 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. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). Certain chronic diseases, such as cardiovascular-renal disease, are subject to presumptive service connection if manifest to a compensable degree within one year from separation from service even though there is no evidence of such disease during the period of service. This presumption is rebuttable by affirmative evidence to the contrary. 38 U.S.C. §§ 1112, 1113; 38 C.F.R. §§ 3.307(a)(3), 3.309(a). An alternative method of establishing the second and third Shedden elements for disabilities identified as chronic diseases in 38 C.F.R. § 3.309(a) is through a demonstration of continuity of symptomatology. 38 C.F.R. § 3.303(b). Continuity of symptomatology may be shown if "the condition is observed during service or any applicable presumption period, continuity of symptomatology is demonstrated thereafter, and competent evidence relates the present condition to that symptomatology." Savage v. Gober, 10 Vet. App. 488, 498 (1997). Service connection may also be granted on a presumptive basis for specific diseases associated with exposure to herbicide agents, to include ischemic heart disease. 38 C.F.R. § 3.309(e). These disabilities will be considered to have been incurred in or aggravated by service despite any lack of evidence of such disease during service. 38 C.F.R. § 3.307(a). This presumption applies to veterans who: (1) served in the Republic of Vietnam between January 9, 1962 and May 7, 1975; (2) served in or near the Korean Demilitarized Zone between April 1, 1968 and August 31, 1971; or (3) regularly and repeatedly operated, maintained, or served aboard aircraft known to have been used to spray an herbicide agent during the Vietnam War Era. 38 C.F.R. § 3.307(a)(6). Additionally, VA has established a procedure for verifying exposure to herbicide agents in Thailand during the Vietnam Era. VA has determined that Veterans who served on Royal Thai Air Force Bases (RTAFBs) at U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang, near the air base perimeter anytime during the Vietnam Era, may have been exposed to herbicide agents. Particularly, to benefit from the presumption of herbicide agent exposure at one of the above listed air bases, a Veteran must have served as a security policeman, security patrol dog handler, member of a security police squadron, or otherwise served near the air base perimeter, as shown by military occupational specialty, performance evaluation, or other credible evidence. The Veteran asserts that he was exposed to herbicide agents as a result of his military service. Specifically, the Veteran has indicated that while serving in the military, he was stationed at the Udorn Royal Air Force Base in Thailand. During the April 2021 Board hearing, the Veteran testified that not only were his barracks on the perimeter of the base, but also that his military duties as a telephone installer and cable repairman regularly placed him on the perimeter of the base. The Veteran stated that his team traveled monthly to the other side of the base to work at the ammunition dump, even remembering that there was no vegetation along the road to get there. The Veteran's service personnel records reflect that he was stationed at the Udorn RTAFB from May 1968 to May 1969 and his military occupational specialty was telephone equipment installer and repairman. The Veteran provided a map of the base labeled with his barracks and the ammunition dump, indicating that both were located near the perimeter of the base. The Veteran is found both competent and credible to report such. There is no evidence contradicting his reports. Resolving any doubt in the Veteran's favor, the Board finds the probative evidence of record, including the Veteran's military records, combined with the Veteran's lay statements, supports a finding that the Veteran's military duties regularly placed him on the perimeter of Udorn Royal Thai Air Force Base. Accordingly, exposure to herbicide agents is conceded. There is no dispute in the record as to the question of a current diagnosis. The medical evidence of record reflects that the Veteran has a diagnosis of atherosclerosis of the aorta from February 2015. An October 2018 statement from J.F.S., M.S.N indicates that ischemic heart diseases encompass any atherosclerotic heart disease, including the Veteran's atherosclerosis of the aorta. As previously indicated, ischemic heart disease is a disease enumerated in the regulations subject to presumptive service connection based on exposure to herbicide agents. 38 C.F.R. § 3.309(e). As such, based on the Veteran's credible statements and supporting service personnel records, service connection for a heart disability, namely atherosclerosis of the aorta, is granted on a presumptive basis. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Connor, 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.