Citation Nr: 21009505
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 20-09 050
DATE: February 22, 2021

ORDER

Entitlement to service connection for urothelial cell cancer (claimed as bladder cancer) is granted.

FINDINGS OF FACT

1. The Veteran was exposed to herbicide agents during his active service. 

2. The Veteran has a current diagnosis for urothelial cell cancer.

CONCLUSION OF LAW

The criteria for service connection for urothelial cell cancer (claimed as bladder cancer) have been met.  38 U.S.C. §§ 1110, 1131, 1113, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service in the United States Army from April 1961 to August 1991.  This matter is on appeal from a May 2018 rating decision.  In January 2021, the Veteran testified before the undersigned at a Board of Veterans’ Appeals (Board) hearing.

Entitlement to service connection for urothelial cell cancer.

The Veteran contends that his urothelial cell cancer was caused by his exposure to herbicide agents during his active service in the Republic of Vietnam (Vietnam) during the Vietnam War.  The Veteran was diagnosed with urothelial cell cancer, a form of bladder cancer, in 2018.

A veteran who, during active military, naval, or air service, served in Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, is presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to the contrary.  38 C.F.R. § 3.307(a)(6)(iii).

Certain diseases associated with exposure to certain herbicide agents used in support of military operations in Vietnam during the Vietnam era will be considered to have been incurred in service.  38 U.S.C. § 1116(a)(1); 38 C.F.R. § 3.307(a)(6).  Bladder cancer is among the listed diseases. His Form DD 214 indicates that he had service in Vietnam from January 1971 to January 1972.  In October 2020, VA conceded the Veteran’s exposure to herbicide agents in Vietnam.  As such, entitlement to service connection for urothelial cell cancer (claimed as bladder cancer) is granted.  38 U.S.C. §§ 1110, 1116, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R.R. Watkins, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.