Citation Nr: 21070536
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 18-14 203
DATE: November 24, 2021

ORDER

Entitlement to service connection for kidney cancer, as secondary to herbicide exposure, is granted.

FINDING OF FACT

Resolving all doubt in the Veteran's favor, his kidney cancer is at least as likely as not related to in-service exposure to herbicide agents.

CONCLUSION OF LAW

The criteria for service connection for kidney cancer, as due to in-service exposure to herbicide agents, are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1967 until November 1968.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2017 Department of Veterans Affairs (VA) regional office (RO) rating decision.

The Veteran participated in a hearing before the undersigned in July 2021; a transcript is associated with the claims file.

Service Connection

The Veteran contends that his herbicide exposure caused his kidney cancer. 

The Veteran's post-service treatment records confirm a diagnosis of kidney cancer.  The Veteran also has confirmed service in Vietnam; therefore, the presumption regarding exposure to herbicide exposure attaches.  38 C.F.R. § 3.309.  The remaining question is whether a causal relationship or nexus exists between the Veteran's kidney cancer and his in-service exposure to herbicide agents. 

While kidney cancer is not presumed related to herbicide exposure, the Veteran may still be entitled to service connection on a direct basis.  Combee v. Brown, 34 F.3d 1039, 1043-44 (Fed. Cir. 1994).  

A Mayo Clinic internet article submitted in March 2018 purports to show a link between kidney cancer and herbicide exposure.  Furthermore, in an October 2021 private opinion, the examiner opined that the Veteran's kidney cancer was related to his conceded in-service herbicide exposure.  The examiner reasoned that the Veteran "has no other known risk factors that may have precipitated" his kidney cancer.  The examiner supported this conclusion by citing several studies which showed that "exposure to these chemicals can increase the risk factor for kidney cancer."  

Based on the above, and resolving the benefit of the doubt in the Veteran's favor, the Board finds that his kidney cancer is at least as likely as not related to his in-service exposure to herbicide agents. See Combee v. Brown, 34 F.3d 1039, 1043-44 (Fed. Cir. 1994); 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.303.  In reaching this conclusion, the Board finds that the October 2021 private opinion is well reasoned and is based on a familiarity with the Veteran's medical history and the course of his treatment.  Black v. Brown, 10 Vet. App. 279 (1997).  Furthermore, there is no medical opinion to the contrary.  In light of the foregoing, the Board is satisfied that the criteria for entitlement to service connection have been met. The appeal is, therefore, granted.

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Finelli, 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.