Citation Nr: 21008292 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 16-60 090 DATE: February 16, 2021 ORDER Service connection for coronary artery disease (CAD) is granted. FINDINGS OF FACT 1. The evidence of record establishes that the Veteran was presumptively exposed to herbicides during his active service. 2. The Veteran’s diagnosed CAD is presumed to have been caused by his herbicide agent exposure in service. CONCLUSION OF LAW The criteria for service connection for CAD have been met. 38 U.S.C. § 1110, 1112; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from May 1970 to December 1971, to include service in the Republic of Korea. In December 2018, the Board denied the claim, which the Veteran appealed to the United States Court of Appeals for Veterans Claims (“CAVC” or “the Court”). In July 2020, the Court vacated the Board’s decision, and remanded the claim to the Board for action consistent with its decision. Service Connection In order to establish entitlement to service connection, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) a causal connection between the claimed in-service disease of injury and the current disability. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Service connection may be granted on a presumptive basis for certain diseases associated with exposure to certain herbicide agents, including CAD, even though there is no record of such disease during service, if they manifest to a compensable degree any time after service, in a veteran who had active military, naval, or air service for at least 90 days, during the period beginning on January 9, 1962 and ending on May 7, 1975, in the Republic of Vietnam, including the waters offshore, and other locations if the conditions of service involved duty or visitation in Vietnam. 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307, 3.309(e), 3.313. This presumption may be rebutted by affirmative evidence to the contrary. 38 U.S.C. § 1113; 38 C.F.R. §§ 3.307, 3.309. Likewise, certain veterans who served between April 1, 1968, and August 31, 1971, in certain areas of the Korean Demilitarized Zone (DMZ) shall be presumed to have been exposed to an herbicide agent during such service, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. 38 C.F.R. § 3.307(a)(6)(iv). The Veteran is currently diagnosed with CAD, which he asserts is due to herbicide exposure during his active service. Specifically, he maintains that he was exposed to herbicides while stationed in Korea as his duties involved travel to and from the DMZ. The Veteran’s service records show that he was a track vehicle mechanic. His military records also show that he had service in the Republic of Korea from November 1970 to December 1971. In March 2015, the Veteran reported that he was in a transportation unit that travelled to the DMZ regularly. In April 2016, he reported that they hauled things to the DMZ and that he travelled to the DMZ several times. In September 2016, he reported that he was stationed at helped recover broken down vehicles in the DMZ. In September 2016, fellow soldier E.O. reported that he was stationed with the Veteran at Wolmido Island, which was close to the DMZ. He reported that they were part of a heavy transportation company. He reported that they hauled bombs and other dangerous cargo. In November 2016, the Veteran reported that he was sent to the DMZ on numerous occasions for vehicle recovery. It is the role of the Board as finder of fact to evaluate the credibility of the evidence and to determine the weight that is to be assigned to it. The Veteran is certainly competent to report having travelled to the DMZ. See Layno v. Brown, 6 Vet. App. 465, 469 (1994). Moreover, the Veteran is found to be highly credible, and his lay statements have been consistent with each other, his service records, and the statements from fellow veteran E.O. As such, the Board has no reason to doubt the veracity of his statements. The Veteran’s statements that he was in a transportation unit that traveled to the DMZ regularly is consistent with the places, types, and circumstances of his service. 38 U.S.C. § 1154(a). When this is done, the evidence is judged to be sufficient to establish that the Veteran was presumptively exposed to herbicide agents during his active service. (Continued on the next page)   As noted, when a veteran is diagnosed with CAD and is presumed to have been exposed to herbicide agents during service, service connection will be granted unless there is clear evidence to the contrary, which is not present here. As such, the criteria for service connection for CAD have been met, and the claim is granted. Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Berryman, 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.