Citation Nr: 21068484 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 16-06 574 DATE: November 10, 2021 ORDER Entitlement to service connection for arteriosclerotic cardiovascular disease is granted. FINDING OF FACT 1. Resolving all reasonable doubt in the Appellant's favor, the evidence of record supports a finding that the Veteran was exposed to herbicide agents at the perimeter of the Takhli Royal Thai Air Force Base during the Vietnam era. 2. The Veteran's arteriosclerotic cardiovascular disease is presumed to be due to his exposure to herbicide agents during service. CONCLUSION OF LAW The criteria for service connection for arteriosclerotic cardiovascular disease are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1967 to November 1987. He passed away in June 2018. The Appellant, the Veteran's surviving spouse, was recognized as the substitute claimant in April 2020. Service Connection Prior to his passing, the Veteran claimed entitlement to service connection for arteriosclerotic cardiovascular disease as a result of his military service. Specifically, he contended that he set foot in the Republic of Vietnam while traveling via plane from Thailand to Japan. Alternatively, he contended that he was exposed to herbicide agents as a result of his duties as a special purpose vehicle mechanic and an augmentee security officer while stationed at the Takhli Royal Thai Air Force Base from October 1967 to September 1968, and that his arteriosclerotic cardiovascular disease stemmed from this exposure. See, e.g., July 2014 VA Form 21-4138, Statement in Support of Claim. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Certain diseases, to include ischemic heart disease such as arteriosclerotic cardiovascular disease, shall be service-connected if the veteran was exposed to an herbicide agent during active service even though there is no record of such disease during service, provided that the requirements of 38 C.F.R. § 3.307(d) are satisfied. 38 C.F.R. § 3.309(e). Regarding herbicide agent exposure in Thailand, VA Compensation & Pension Service has determined that a special consideration of herbicide agent exposure on a factual basis should be extended to certain Veterans whose duties placed them on or near the perimeters of Thailand military bases during the Vietnam era, to include Royal Thai Air Force Bases in Nakhon Phanom, Ubon, Udorn, Takhli, and Korat. The determination as to whether the requirements for service connection are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). In an August 2021 rating decision, the AOJ determined that (1) the Veteran served in Thailand; (2) the Veteran has a current diagnosis of ischemic heart disease; (3) that ischemic heart disease is presumed to be related to herbicide exposure. Thus, if herbicide agent exposure is shown by the record, service-connection for arteriosclerotic cardiovascular disease is presumed under the provisions of 38 C.F.R. § 3.309(e). The Veteran's service personnel records confirm service at the Takhli Royal Thai Air Force Base in Thailand for approximately eleven months from October 1967 to September 1968. Those records also confirm that the Veteran's military occupational specialty (MOS) at that time was special purpose vehicle repairman. A performance evaluation covering the period from January 1967 to April 1968 noted that the Veteran's duties included troubleshooting electrical systems on material handling equipment and aircraft towing tractors, and that he frequently assisted other sections in the solving of maintenance problems arising during work on assigned equipment. Subsequent service personnel records show that the Veteran's duty assignment changed in the mid-1970s to a more security-oriented role. For example, a performance report covering the period from May 1975 to May 1976 noted that his duty was as a flight security controller, and that he possessed all the qualities desires of a professional security policeman. In a June 2014 statement, the Veteran noted that, although his primary MOS was as a special purpose vehicle repairman, he was also served an augmentee security police officer during his service in Thailand, and that he was required to patrol different security posts along the perimeter of the Thai Air Force base. The Veteran is competent to describe his in-service duties, and given that the Veteran formally changed specialties from repairman to security after his Thailand service, the Board finds it plausible that he had security experience as an augmentee while serving at Takhli Royal Thai Air Force Base. Significantly, there is no evidence of record that calls into question the veracity of his statements. Thus, the Board finds that there is credible evidence that the Veteran had security duties at Takhli, and in turn had regular contact with the base perimeter in performing such duties. Based on the unique facts of this case, the Veteran's exposure to herbicide agents is conceded on a facts found basis. Therefore, service connection for arteriosclerotic cardiovascular disease is presumed, and the benefits sought on appeal are granted. V. Chiappetta Veterans Law Judge Board of Veterans' Appeals Attorney for the Board James R. Springer, 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.