Citation Nr: 21007749 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 17-35 837 DATE: February 10, 2021 ORDER Service connection for cancer of the bladder is granted. FINDINGS OF FACT 1. The evidence demonstrates that the Veteran served in Vietnam during the qualifying time period and is deemed to have been exposed to herbicide agents. 2. The Veteran has been diagnosed with cancer of the bladder; this disability is subject to presumptive service connection as a result of exposure to herbicide agents. CONCLUSION OF LAW The criteria for service connection for cancer of the bladder, are met.  38 U.S.C. §§ 1110,  1116(a)(2), 5107 (2012); 38 C.F.R. §§ 3.303, 3.304, 3.307, 3.309 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from September 1967 to June 1970. The Veteran testified before the undersigned Veterans Law Judge during a Board hearing in January 2021. Entitlement to service connection for bladder cancer. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service.  38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d). Direct service connection may not be granted without evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disease or injury. 38 U.S.C. § 1112; 38 C.F.R. § 3.304. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Additionally, a veteran who served in the Republic of Vietnam between January 9, 1962 and May 7, 1975, or in certain areas near the Demilitarized Zone in the Republic of Korea from September 1, 1967 to August 31, 1971 is presumed to have been exposed to certain designated herbicide agents (e.g., Agent Orange) during such service, absent affirmative evidence to the contrary.  38 U.S.C. §§ 1116(f), 1116B; 38 C.F.R. § 3.307(a)(6)(iii). In the case of such a veteran, service connection based on herbicide agent exposure will be presumed for certain specified diseases including cancer of the bladder, that become manifest to a compensable degree.  38 U.S.C. § 1116(a)(2); 38 C.F.R. §§ 3.307(a)(6), 3.309(e). Of note, the disease of cancer of the bladder was recently added to the list of diseases subject to presumptive service connection, via the National Defense Authorization Act for Fiscal Year 2021, effective January 1, 2021. The determination as to whether the requirements for service connection are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value.  38 U.S.C. § 7104(a) (2012); Baldwin v. West, 13 Vet. App. 1 (1999); see 38 C.F.R. § 3.303(a). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.  38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). There is no dispute that the Veteran had a diagnosis of bladder cancer during the pendency of the claim. See e.g., September 2014 private treatment record, September 2017 VA examination report, and October 2020 letter from private nurse practitioner. Additionally, service personnel records confirm that the Veteran served in Vietnam during the period in which herbicide exposure is presumed. As discussed above, the disease of cancer of the bladder was recently added to the list of diseases subject to presumptive service connection under 38 U.S.C. § 1116(a)(2) (January 1, 2021). Moreover, in the present case, the Board finds that the Veteran’s bladder cancer became manifest to a compensable degree under 38 C.F.R. § 4.115b, Diagnostic Code 7528. In this case, a September 2014 private treatment record confirmed a bladder biopsy positive for urothelial carcinoma. Based on the above, the Board finds that service connection for bladder cancer may be presumed. The benefit sought on appeal is granted. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Donna D. Ebaugh, 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.