Citation Nr: 21007560
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 17-27 624
DATE:  February 10, 2021

ORDER

Entitlement to service connection for bladder cancer is granted.

FINDING OF FACT

1. The Veteran had active service in the Republic of Vietnam from December 1964 to December 1965, and is presumed to have been exposed to herbicides during such service.

2. The Veteran’s bladder cancer is presumed related to his exposure to his in-service exposure to herbicides. 

CONCLUSION OF LAW

The criteria for service connection for bladder cancer have been met. 38 U.S.C. §§ 1110, 1116, 5107 (2018); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military from September 1963 to September 1966, to include service in the Republic of Vietnam. 

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board in May 2020, at which time it was remanded for additional development. The case has now been returned to the Board for further appellate action. 

Service Connection – Bladder Cancer

As noted above, the Veteran served in the Republic of Vietnam during the Vietnam era; therefore, it is presumed he was exposed to herbicide agents, including Agent Orange. A review of the record shows that the Veteran was first diagnosed with bladder cancer in November 2013. 

The National Defense Authorization Act (NDAA) for Fiscal Year 2021, Pub. L. No. 116-283 § 9109, added three disorders to the list of diseases presumptively associated with exposure to herbicide agents. Specifically, it amended 38 U.S.C. § 1116 (a)(2) to include parkinsonism, bladder cancer, and hypothyroidism. 

Accordingly, the Board finds that the preponderance of the evidence is for the claim and entitlement to service connection for bladder cancer is warranted. 38 U.S.C. § 5107 (b) (2018); Gilbert v. Derwinski, 1 Vet. App. 49 (1990).  

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Andrew Ledman II

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.