Citation Nr: 21008877
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 19-26 371
DATE: February 18, 2021

ORDER

Service connection for residuals of renal cell carcinoma is granted.

FINDING OF FACT

The Veteran’s residuals of renal cell carcinoma are related to his exposure to herbicide agents during service in Vietnam.

CONCLUSION OF LAW

The criteria for entitlement to service connection for residuals of renal cell carcinoma are met.  38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1961 to May 1965 and from June 1965 to December 1980.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2018 rating decision by the Department of Veterans Affairs (VA). 

In February 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  

In February 2021, the Veteran submitted additional evidence in support of his appeal with a waiver of initial review by the Agency of Original Jurisdiction (AOJ). 38 C.F.R. § 20.1304(c). 

Service connection for residuals of renal cell carcinoma is granted.

The Veteran contends that his residuals of renal cell carcinoma are due to exposure to herbicide agents during his service in Vietnam.

The Veteran’s treatment records from a military hospital show that he underwent a right nephrectomy for renal cell carcinoma in September 2007. Thus, the question becomes whether the current disability is related to service.  On this question, the Veteran submitted an opinion from his private treating physician in support of his claim.

In a March 2020 opinion, the Veteran’s private treating physician noted medical studies reporting a relationship between herbicide exposure and multiple cancers, including renal cell carcinoma.  He thus concluded it was “reasonable to concede that Agent Orange exposure would be a causative factor of renal cell carcinoma” and opined that it was more likely than not that such was caused by this exposure during service.

The Veteran also submitted a medical article addressing the correlation between high dioxin levels and increased prevalence of chronic kidney disease.

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Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s residuals of renal cell carcinoma are related to his service.  Accordingly, and after resolving all doubt in his favor, the Board finds that service connection for residuals of renal cell carcinoma is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Matta, 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.