Citation Nr: 21015731 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 15-07 479 DATE: March 18, 2021 ORDER The issue of entitlement to service connection for diabetes mellitus, type II, is granted. FINDINGS OF FACT 1. Resolving reasonable doubt in his favor, the Veteran had service in the Republic of Vietnam. 2. The Veteran has a diagnosis of diabetes mellitus, type II. CONCLUSION OF LAW 1. The criteria for service connection for diabetes mellitus, type II, as related to exposure to herbicide agents in the Republic of Vietnam are met. 38 U.S.C. §§ 1110, 1116, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from October 1966 to July 1970. In June 2018, this matter was remanded for additional development. The Board acknowledges a statement in the Veteran’s November 2010 application that he requests to have the American Legion serve as his service organization. However, the most recent VA Form 21-22, from July 2010, is for the Georgia Department of Veterans Service, and correspondence has been sent to this representative throughout the appeal. Indeed, the June 2018 Board remand identified the Georgia Department of Veterans Services as the representative. As no VA Form 21-22 has been submitted for the American Legion, the Board finds that Georgia Department of Veterans Service is the representative. Accordingly, the Board may proceed with adjudication of the Veteran’s appeal. Entitlement to service connection for diabetes mellitus, type II. For the reasons outlined below, the Board finds that the Veteran meets the criteria for service connection for diabetes mellitus, type II. Legal Criteria A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, 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. 38 C.F.R. § 3.307(a)(6)(iii). If a veteran were exposed to an herbicide agent during active military, naval, or air service, certain diseases, including diabetes mellitus, type II, shall be service-connected if the requirements of 38 C.F.R. § 3.307 (a)(6) are met, even though there is no record of the disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. 38 C.F.R. § 3.309 (e). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination, the benefit-of-the doubt is afforded to the claimant. See 38 C.F.R. § 3.102. Application The Board finds that the Veteran meets the criteria for service connection for diabetes mellitus, type II. First, the Veteran has been diagnosed with diabetes mellitus, type II, adult onset. See Physician’s statement, November 2010. Second, the Board finds that, upon resolving reasonable doubt in his favor, the Veteran has demonstrated that he had in-country service in the Republic of Vietnam. The Veteran contends that while he was stationed at Cubi Point in the Philippines he had temporary duty on the ground in Vietnam at DaNang Air Base. See Veteran’s statements, April 2012. He states that his job was to maintain aircraft. Id. The Veteran’s DD 214 shows that he served in the Navy as an aviation structural mechanic (hydraulics) with Fleet Composite Squadron Five (VC-5) det. Cubi Point, R.P., and his military personnel records reflect that he was stationed at Cubi Point Naval Air Station in the Philippines from at least October 1969 to April 1970. In further support of his claim, the Veteran provided photographs of himself allegedly showing him at DaNang Air Base. See Statement, October 2011. To corroborate the photographic evidence, the Veteran provided a “buddy” statement from C.L., who states he was at the Danang Air Force Base from August 1970 to August 1971, and that the photographs were of the Navy side of the DaNang base, as he remembered from when he was stationed there. See Buddy statement, October 2011. The Board notes that C.L. did not state that he served with the Veteran; rather, C.L. states that the photographs were of the base at DaNang as he remembered them. In addition, the Veteran also submitted a photograph of an aircraft with the accompanying caption: “The US-2C, was taken at the mouth of Subic Bay Philippines, 1969. The plane was on its way to Danang South Vietnam, for operations with the carriers on Yankee Station.” See Correspondence, October 2011. The photograph is attributed to W.H. Id. The Veteran writes that he was on this plane and that W.H. was the pilot. Id. He attached a training roster to show that they were in the same unit. Id. The Veteran was asked to provide a 60-day date range of dates when he was in Vietnam. See VA letter, March 2019. The Veteran supplied the date range of March 1, 1970 to April 30, 1970. See Statement, August 2019. These dates were noted in the request to the JSRRC. See JSRRC Request Form, March 2020. In response to the request, the JSRRC states the following: We reviewed the 1970 Command History submitted by Fleet Composite Squadron Five (VC-5). It is recorded that VC-5 was a Tenant activity based ashore at the Naval Air Station (NAS), Cubi Point, Republic of the Philippines (RP). The VC-5 missions was to provide air services for Seventh Fleet units and Allied Navies operating in the Western Pacific (WESTPAC) area. VC-5 continued to provide Carrier On Board Delivery (COD) services to aircraft carriers operating at Yankee Station in the Gulf of Tonkin until January 31, 1970 when COD operations were returned to the Fleet Tactical Support Squadron Fifty (VRC-50). The detachment at Cubi Point, RP continued operations from DaNang, Republic of Vietnam (RVN) in January 1970 and on January 30, 1970, COD operations returned to VRC-50. During the time frame provided in March and April, 1970, S-2’s were deployed to Formosa, Japan, Taiwan. None are recorded in the RVN within that time frame. On May 28, 1970 S-2 was deployed to DaNang, RVN. Names of those in the Detachment that were in DaNang, RVN are not recorded in the squadron history. See Records research response, December 2020 (Emphasis added). The Board finds significant the statement that “[t]he detachment at Cubi Point, RP continued operations from DaNang, Republic of Vietnam (RVN) in January 1970.” While January 1970 is prior to the March-April 1970 timeframe supplied by the Veteran, records show, as noted above, that the Veteran was stationed at Cubi Point from at least October 1969 to April 1970. Given the length of time that has passed since these events, it is reasonable to the Board that the dates remembered and supplied by the Veteran may have been off by a period of two months. When combined with the photographic evidence and supporting statements from C.L., the Board finds there is sufficient evidence to resolve the question of in-country service in the Republic of Vietnam in the Veteran’s favor. As it is now conceded that the Veteran had service in the Republic of Vietnam, it is presumed that he was exposed to an herbicide agent. 38 C.F.R. § 3.307(a)(6)(iii). Given this presumption, the Veteran’s diabetes mellitus, type II, must be service connected. 38 C.F.R. § 3.309 (e). The issue is granted. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Foster, 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.