Citation Nr: 21077602 Decision Date: 12/30/21 Archive Date: 12/30/21 DOCKET NO. 18-32 103 DATE: December 30, 2021 ORDER Entitlement to service connection for the residuals of bladder cancer is granted. FINDING OF FACT The Veteran's residuals of bladder cancer were presumptively caused by exposure to herbicide agents during service in the Republic of Vietnam. CONCLUSION OF LAW The criteria for service connection for the residuals of bladder cancer have been met. See 38 U.S.C. §§ 1110, 1116(a)(2); 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1968 to June 1972. This case comes to the Board of Veterans' Appeals (Board) from a September 2016 rating decision that denied service connection for the residuals of bladder cancer. In August 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Service connection for the residuals of bladder cancer The Veteran asserts that service connection is warranted for the residuals of bladder cancer due to exposure to herbicide agents during service in the Republic of Vietnam. Service connection may be granted for certain diseases associated with exposure to herbicide agents. See 38 U.S.C. § 1116(a)(1); 38 C.F.R. §§ 3.307(a)(6), 3.309(e). Bladder cancer was recently added to this list of diseases. See William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, P. Law. No. 116-283, 134 Stat. 3388, 4785 (2021); 38 U.S.C. § 1116(a)(2). A veteran who served in the Republic of Vietnam from January 9, 1962, to May 7, 1975, is presumed to have been exposed to herbicide agents during such service, unless there is affirmative evidence to establish that the veteran was not exposed to herbicide agents during that service. See 38 C.F.R. § 3.307(a)(6)(iii). A March 1968 enlistment examination showed no defects or abnormalities in the bladder. Accordingly, the Board finds that the Veteran was in sound condition at the entry to service. The Veteran's military records and DD 214 show service in the Republic of Vietnam. In April 2005, the Veteran was diagnosed with bladder cancer after a pathology report confirmed papillary urothelial carcinoma without invasion and urothelial carcinoma in situ. He underwent a green light laser ablation of the prostate in May 2005, and an August 2005 cystoscopy showed no recurrence. At the August 2021 hearing, the Veteran testified that his cancer recurred in 2011, but went into remission later that year and has been in remission since that time. The Board finds that service connection is warranted for the residuals of bladder cancer due to exposure to herbicide agents during service in the Republic of Vietnam. The evidence of record shows that the Veteran has been diagnosed with bladder cancer, and this disease is associated with exposure to herbicide agents. See 38 U.S.C. § 1116(a)(2). The Veteran served in the Republic of Vietnam during the specified period. See 38 C.F.R. § 3.307(a)(6)(iii). Because there is no evidence that the Veteran was not exposed to herbicide agents during his service in the Republic of Vietnam, the Veteran is presumed to have been exposed to herbicide agents during this service. See id. Accordingly, the elements of presumptive service connection have been satisfied, and the Board grants the Veteran's claim of service connection for the residuals of bladder cancer. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Ormson, 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.