Citation Nr: 21013922 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 16-11 146 DATE: March 10, 2021 ORDER Entitlement to service connection for bladder cancer and residuals thereof, to include as due to herbicide exposure, is granted. FINDING OF FACT 1. The Veteran was diagnosed with bladder cancer. 2. The Veteran was exposed to herbicide agents in service. CONCLUSION OF LAW The criteria for service connection for bladder cancer and residuals thereof have been met. 38 U.S.C. §§ 1110, 1131, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1967 to March 1970, from October 1982 to October 1985, and from November 1987 to November 1993, to include service in the Republic of Vietnam. This matter comes before the Board of Veterans Appeals (Board) on appeal from a September 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was last before the Board in September 2018 when it was remanded for further development. The Veteran testified before the Board during a hearing in August 2016. The Veterans Law Judge (VLJ) who presided over that hearing is no longer with the Board. In a January 2021 letter, the Veteran was given an opportunity to request another hearing within thirty days, but did not respond. Thus, the Board will proceed with the adjudication of the claim. Service connection will be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection requires evidence showing: (1) the existence of a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be established on a presumptive basis for diseases enumerated in 38 C.F.R. § 3.309(e) for veterans who were exposed to certain herbicide agents during active military, naval, or air service. 38 C.F.R. § 3.307(a)(6). A Veteran who served in the Republic of Vietnam between January 9, 1962, and May 7, 1975, is presumed to have been exposed to an herbicide agent. 38 U.S.C. § 1116(f); 38 C.F.R. § 3.307(a)(6)(iii). The Board notes that the National Defense Authorization Act for Fiscal Year 2021, Pub. L. No. 116-283, amended 38 U.S.C. § 1116(a)(2) to include parkinsonism, bladder cancer, and hypothyroidism. As such, these three disorders have been added to the list of diseases presumptively associated with exposure to herbicide agents. In this case, the Veteran served in Vietnam during the applicable period and in-service exposure to herbicide agents has been conceded. The record shows the Veteran was diagnosed with bladder cancer in 2009 and was treated via multiple surgeries and chemotherapy. In addition, an October 2019 VA examination, which includes a positive nexus opinion, notes the Veteran currently suffers from residuals including chronic urinary tract infections, urinary incontinence, and bladder pain. In sum, as herbicide exposure during active service in Vietnam has been conceded and the record confirms that the Veteran has been diagnosed with bladder cancer, the Veteran’s claim is granted on a presumptive basis. Accordingly, entitlement to service connection for bladder cancer and residuals thereof is warranted A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Ariasaif, 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.