Citation Nr: 21073153 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 19-03 728 DATE: December 7, 2021 ORDER Entitlement to service connection for diabetes mellitus, type II, is granted. Entitlement to service connection for hypothyroidism is granted. FINDINGS OF FACT 1. Based on the facts of the Veteran's service, as established through lay testimony and service records, he was exposed to herbicide agents. 2. The Veteran's diagnoses of diabetes mellitus, type II, and hypothyroidism are presumed to be related to in-service exposure to herbicide agents. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for diabetes mellitus, type II, have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 2. The criteria for entitlement to service connection for hypothyroidism have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably on active duty from October 1960 to October 1971. These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in November 2021. A transcript of this hearing has been associated with the claims file. Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Certain diseases associated with exposure to certain herbicide agents used in support of military operations in the Republic of Vietnam (Vietnam) during the Vietnam era will be considered to have been incurred in service. 38 U.S.C. § 1116 (a)(1); 38 C.F.R. § 3.307(a)(6). VA has determined that there was significant use of herbicides on the fenced-in perimeters of military bases in Thailand intended to eliminate vegetation and ground cover for base security purposes. VA has extended special consideration of herbicide agent exposure on a facts-found or direct basis to veterans whose duties placed them on or near the perimeters of Thailand military air or Army bases, to include the Royal Thai Air Force Base of Korat, as shown by the Veteran's military occupational specialty (MOS) or other credible evidence. 1. Entitlement to service connection for diabetes mellitus, type II, is granted. 2. Entitlement to service connection for hypothyroidism is granted. The Veteran contends that his diabetes mellitus, type II, as well as his hypothyroidism disabilities are due to his exposure to herbicide agents during his service on the Royal Thai Air Force Base (RTAFB) of Korat in Thailand. The Veteran has reported that he was exposed to herbicide agents as a result of spending time in close proximity to the perimeter of the base during the course of his work duties as well as general activities while living and stationed on the Korat RTAFB in Thailand. Personnel records confirm that the Veteran was stationed at Korat RTAFB in Thailand from April 1970 to January 1971 with a military occupational specialty (MOS) of Aircraft Electronic Technician. The Veteran asserted that during his 10-month tour of duty at Korat RTAFB, he worked near the base perimeter at the 553rd Recon Wing EMS Shop and Maintenance Hangar, which was located within the 500-meter drift zone of the base perimeter. The Veteran stated that he worked 12-hour days, with three days on and one day off throughout his tour of duty, equating to roughly 210 days of exposure near the base perimeter and/or the herbicidal drift zone. Further, the Veteran contends that he walked or rode a bicycle within the 500-meter drift zone in his travel to and from his living quarters to his workstation. The Veteran also reported that his duties often brought him near the base perimeter. The Veteran stated that some of such included the repair of airborne navigational aids equipment, as well as transportation of equipment to and from the aircraft on the flight line. Additionally, the Veteran reported that he spent most of his time on the base repairing the APS-42 radar, located on the nose of an EC-121 aircraft. This radar, the Veteran asserts, was exposure to tactical herbicides while parked on the aircraft ramps of the runway, near the perimeter. The Veteran also reported that his break and meal area was in an open-air area outside of his work hangar, where tables, benches, and chairs were exposed to the herbicide agents used along the perimeter of the base. The Veteran's living quarters were also located just outside of the 500-meter drift zone, and contained only screens for windows, which he contends easily allowed for infiltration for any airborne herbicide agents. Lastly, the Veteran reported that while not working, he would frequently cross the base perimeter to travel to and from the local town, as well as to use the Korat RTAFB swimming pool, which was located within the 500-meter drift zone. The Veteran submitted maps and photographs detailing the descriptions of the areas mentioned at Korat RTAFB. The Board resolves all reasonable doubt in the Veteran's favor and finds credible the statements that his MOS duties required him to be in close proximity of perimeters of the airfield and/or base that has been linked to herbicide agents in Thailand. The above-discussed evidence corroborates his account. The remaining inquiry is whether the Veteran has the claimed diabetes mellitus, type II, and hypothyroidism, both of which are entitled to presumptive service connection based on herbicide agent exposure. See 38 C.F.R. § 3.309(e); see also 38 U.S.C. § 1116(a)(2). The clinical evidence of record demonstrates that the Veteran has both conditions. See, e.g., January 2018 private treatment record (noting a diagnosis of hypothyroidism); February 2018 private diabetes mellitus disability benefits questionnaire (DBQ) completed by Dr. C. M. (noting diagnoses of diabetes mellitus, type II, and hypothyroidism). Therefore, service connection for diabetes mellitus, type II, and hypothyroidism are granted on a presumptive basis. 38 C.F.R. §§ 3.307(a)(6), 3.309(e). Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. M. Lowman, 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.