Citation Nr: 21009377 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 14-43 257 DATE: February 22, 2021 ORDER The appeal for the issue of entitlement to service connection for primary lateral sclerosis (PLS) is dismissed. Entitlement to service connection for bladder cancer is granted. FINDINGS OF FACT 1. In October 2013, the Veteran filed a claim seeking service connection for primary lateral sclerosis (PLS) and, during the pendency of the appeal, evidence was received that showed the Veteran’s symptoms met the criteria for a diagnosis of amyotrophic lateral sclerosis (ALS). 2. Entitlement to service connection for ALS was granted in a February 2016 rating decision effective October 9, 2013, the date of the Veteran’s claim for PLS. 3. The Veteran served in the Republic of Vietnam during the Vietnam era and has a current diagnosis of bladder cancer. CONCLUSIONS OF LAW 1. The criteria for dismissal of the appeal for entitlement to service connection for PLS have been met. 38 U.S.C. § 7104; 38 C.F.R. § 20.101 (2020). 2. The criteria for entitlement to service connection for bladder cancer have been met. 38 U.S.C.A. § 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1966 to September 1968, which included service in the Republic of Vietnam. In December 2020, the Veteran and his wife, J.C., testified before the undersigned Veterans Law Judge (VLJ) via video conference. A transcript of the hearing is associated with the claims file. Service Connection 1. Entitlement to service connection for primary lateral sclerosis (PLS) Under 38 C.F.R. § 3.318, the development of amyotrophic lateral sclerosis (ALS) manifested at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease. 38 C.F.R. § 3.318(a). In October 2013, the Veteran filed a claim seeking service connection for PLS. In support of his claim, the Veteran submitted a statement from his physician that noted the Veteran was diagnosed with PLS, which he stated is on the same spectrum of motor neuron disease as ALS. The physician also noted that it is possible for a patient who is presumptively diagnosed with PLS to later develop additional features that change their formal diagnosis of ALS. See January 2014 statement from Dr. Nayar. In the March 2014 rating decision on appeal, the agency of original jurisdiction (AOJ) denied service connection for PLS which was noted to also be claimed as ALS. See March 2014 rating decision. The Veteran subsequently perfected an appeal as to that issue and submitted various statements from physicians in support of his appeal. For example, in October 2015, Dr. Berry noted that, while the Veteran had been diagnosed with PLS, his upper motor neuron symptoms in various regions met the criteria for a diagnosis of ALS. See October 2015 statement from Dr. Berry. In February 2016, the AOJ granted service connection for ALS and awarded a 100 percent rating effective October 9, 2013, the date of receipt of the Veteran’s claim for PLS. See February 2016 rating decision. As a general matter, the grant of a claim of service connection constitutes an award of full benefits sought on an appeal of the denial of a service connection claim. Seri v. Nicholson, 21 Vet. App. 441, 447 (2007). Additionally, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105; 38 C.F.R. § 20.202. Upon review of this matter, the Board concludes that there is no case or controversy within the Board’s jurisdiction as the Veteran has been granted service connection for ALS, which was initially claimed as PLS. In this context, the Board notes that, during the December 2020 hearing, the Veteran and his representative acknowledged that the diagnosis of ALS was a clarification of the previous diagnosis of PLS. See December 2020 hearing transcript, pp. 5-6. Indeed, there is no indication or allegation that the diagnosis of PLS reflected in the record, or the disability for which the Veteran initially sought service connection, represents a disability that is separate or distinct from service-connected ALS. A 100 percent disability rating has been assigned effective the day of the claim for PLS. The record does not indicate that there was a pending, unadjudicated claim which would allow for the assignment of an earlier effective date and the Veteran does not allege otherwise. Therefore, as there is no case or controversy within the Board’s jurisdiction as to this claim, the Board must dismiss this matter. 2. Entitlement to service connection for bladder cancer VA regulations provide that a Veteran who had active military, naval, or air service in the Republic of Vietnam during the Vietnam Era shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the Veteran was not exposed to any such agent during that service. See 38 C.F.R. § 3.307(a)(6)(iii). In such circumstances, service connection may be granted on a presumptive basis for the diseases listed in 38 U.S.C. § 1116(a)(2) and 38 C.F.R. § 3.309(e). The Board takes judicial notice that the National Defense Authorization Act for Fiscal Year 2021 amended 38 U.S.C. § 1116(a)(2) to include bladder cancer to the list of diseases presumptively associated with exposure to herbicide agents. As previously noted, the Veteran served in the Republic of Vietnam during the Vietnam Era. As such, he is presumed to have been exposed to herbicide agents during such service. The evidence also shows that he has a current diagnosis of bladder cancer, as reflected in an August 2013 VA treatment record and the February 2014 VA examination report. Therefore, service connection for bladder cancer is warranted. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Turnipseed, 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.