Citation Nr: 21007076 Decision Date: 02/08/21 Archive Date: 02/08/21 DOCKET NO. 14-28 729 DATE: February 8, 2021 ORDER Service connection for bladder cancer, to include as due to herbicide exposure, is granted. FINDINGS OF FACT 1. The Veteran was exposed to herbicide agents during his service in Vietnam. 2. The Veteran's bladder cancer is presumed to be related to his exposure to herbicide agents. CONCLUSION OF LAW The criteria to establish entitlement to service connection for bladder cancer, to include as due to herbicide exposure, 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 CONCLUSION The Veteran had active service from November 1970 to December 1973. This matter was previously before the Board of Veterans’ Appeals (Board) in November 2019 when the issue of entitlement to service connection for bladder cancer, to include as due to herbicide exposure, was remanded for a VA examination regarding the etiology of the Veteran’s condition. Pursuant to the November 2019 Board remand, the Veteran was afforded a VA examination in December 2019. Subsequent to the November 2019 Board remand, 38 U.S.C. § 1116(a)(2), which includes the list of diseases associated with exposure to certain herbicide agents, was amended to include bladder cancer. With further development having been completed, and in consideration of the newly amended 38 U.S.C. § 1116(a)(2); the matter is once again before the Board. Service Connection Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table); 38 C.F.R. § 3.303. Service connection may also be established on a presumptive basis; certain diseases associated with exposure to herbicide agents used in support of military operations in 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). The presumption requires exposure to an herbicide agent and manifestation of the claimed disease to a degree of 10 percent or more within the time period specified for each disease. 38 C.F.R. § 3.307(a)(6)(ii). Diseases found associated with herbicide agent exposure for purposes of the presumption are specified in the statute and regulation and include bladder cancer. 38 U.S.C. § 1116(a)(2); 38 C.F.R. § 3.309(e). Bladder cancer may be presumptively service-connected if it manifests at any time after service. 38 C.F.R. § 3.307(a)(6)(ii). Service connection for bladder cancer, to include as due to herbicide exposure, is granted. The Veteran contends that service connection for his bladder cancer is warranted on a presumptive basis. For the reasons set forth below, service connection for bladder cancer is warranted. If a veteran was exposed to an herbicide agent during active military, naval, or air service, certain diseases shall be service-connected even though there is no record of such disease during service. 38 C.F.R. § 3.309(e). As noted above, U.S.C. § 1116(a)(2) was recently amended to include bladder cancer in the list of diseases associated with exposure to certain herbicide agents. VA medical records show a current diagnosis of bladder cancer. The Veteran's service records confirm that he served on active duty in Vietnam and his exposure to herbicide agents is thus presumed. 38 C.F.R. § 3.307(e)(6)(iii). (Continued on the next page.) Bladder cancer is a disease subject to presumptive service connection. The Veteran has a current diagnosis of bladder cancer, and exposure to herbicide agents is presumed. Therefore, service connection for bladder cancer is warranted on a presumptive basis and, the claim is granted. 38 U.S.C. § 1116(a)(2); 38 C.F.R. § 3.309(e). Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Timothy T. Emmart 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.