Citation Nr: 21013693 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 05-35 315 DATE: March 10, 2021 ORDER Entitlement to service connection for bladder cancer is granted. FINDINGS OF FACT 1. The preponderance of the evidence supports that the Veteran had boots on the ground service in the Republic of Vietnam during his active service and he is therefore presumed to have been exposed to herbicide agents. 2. The Veteran’s bladder cancer is presumed to be etiologically linked to his active duty service. CONCLUSION OF LAW The criteria for service connection for bladder cancer have been met. 38 U.S.C. §§ 1110, 1116(a)(2), 5107; 38 C.F.R. §§ 3.303, 3.307; 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from September 1966 to September 1970, and in the United States Army from October 2002 to October 2003, to include service in Vietnam. He also had service in the Army National Guard. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision issued by the Agency of Original Jurisdiction (AOJ). In September 2016, the Board remanded the matter on appeal for issuance of a statement of the case. See Manlincon v. West, 12 Vet. App. 238 (1999). In September 2017, the Board remanded the matter again for a VA examination. In an April 2018 decision, the Board denied the claim on appeal. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In an October 2018 Order, the Court granted a Joint Motion for Remand (JMR) filed by the parties to the appeal (the Veteran, through an attorney, and representatives from VA General Counsel), thereby vacating the Board’s decision and remanding the matter to the Board. In May 2019, the Board remanded the case to the AOJ for additional development, consistent with the Court’s Order. After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. In May 2019 and October 2019, the Board again remanded the case to the AOJ to obtain addendum medical opinions. The Board most recently remanded the claim in October 2020 for an addendum medical opinion as to secondary service connection. An adequate medical opinion was associated with the file in December 2020. Thus, the Board determines that there has been substantial compliance with the October 2020 remand directives, and further remand is not required. See Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for bladder cancer Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). “To establish a right to compensation for a present disability, a veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service’-the so-called ‘nexus’ requirement.” Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Disorders diagnosed after discharge will still be service connected if all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d); see Combee v. Brown, 34 F.3d 1039, 1043 (Fed. Cir. 1994). Regarding service connection due to herbicide agent exposure, VA laws and regulations provide that if a veteran was exposed to certain herbicide agents during service, certain listed diseases are presumptively service connected. 38 U.S.C. § 1116 (a)(1); 38 C.F.R. § 3.309(e). A veteran who served in the Republic of Vietnam between January 9, 1962, and May 7, 1975, is presumed to have been exposed to Agent Orange. 38 U.S.C. § 1116(f); 38 C.F.R. § 3.307(a)(6)(iii). 38 C.F.R. § 3.309(e) lists the diseases covered by the regulation. The Secretary of VA has determined that there is no positive association between exposure to herbicide agents and any other condition for which the Secretary has not specifically determined that a presumption of service connection is warranted. See Notice, 59 Fed. Reg. 341-46 (1994); Notice, 61 Fed. Reg. 41, 442-49 (1996); Notice, 72 Fed. Reg. 32,395-32,407 (Jun. 12, 2007); Notice, 74 Fed. Reg. 21,258-21,260 (May 7, 2009); Notice, 75 Fed. Reg. 32540 (June 8, 2010). When all the evidence is assembled, the Board is then responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether the preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). The Veteran contends that his bladder cancer is related to exposure to herbicide agents in service. There is no dispute that the Veteran has been diagnosed with bladder cancer. Congress recently added bladder cancer to the list of conditions presumptively associated with exposure to herbicide agents. 38 U.S.C. § 1116(a)(2). The sole remaining issue is whether the Veteran was exposed to herbicide agents during service. The Veteran’s November 1967 service personnel records indicate that the Veteran served as a security policeman in Vietnam. Therefore, exposure to herbicide agents is presumed. 38 C.F.R. § 3.307 (1)(6)(iii). As noted above, a nexus between herbicide agent exposure and bladder cancer is presumed under the law, and thus entitlement to service connection for bladder cancer is warranted. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Sherman Associate 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.