Citation Nr: 21021920 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 19-03 116 DATE: April 14, 2021 ORDER Entitlement to service connection for bladder cancer is granted. Entitlement to service connection for hypertension is dismissed. FINDINGS OF FACT 1. The Veteran’s bladder cancer was presumptively caused by exposure to herbicide agents during service. 2. At a February 2021 hearing before a Veterans Law Judge, prior to the Board issuing a decision on the issue, the Veteran indicated that he wished to withdraw his appeal as to the issue of entitlement to service connection for hypertension. CONCLUSIONS OF LAW 1. The criteria for presumptive service connection for bladder cancer have been met. 38 U.S.C. §§ 1110, 1116(a)(2), 5107; 38 C.F.R. §§ 3.102, 3.303; National Defense Authorization Act (NDAA) for Fiscal Year 2021. 2. The criteria for withdrawal of an appeal have been met as to the issue of entitlement to service connection for hypertension 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from March 1966 to March 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for bladder cancer The Veteran seeks service connection for bladder cancer due to exposure to herbicide agents, such as Agent Orange, during his military service. Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). In order to establish service connection for a claimed disability on a direct basis, there must be competent evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the disease or injury incurred or aggravated during service. See Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Service connection may also be granted for any disease diagnosed after discharge, when the evidence establishes the disease was incurred in service. 38 C.F.R. § 3.303(d). Additionally, service connection may be granted on a presumptive basis if a Veteran was exposed to an herbicide agent during active military, naval, or air service in Vietnam, even if there is no record of a disease manifesting during service. The term “herbicide agent” means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the Vietnam era. 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307(a)(6), 3.309(e), 3.313. Of note, the National Defense Authorization Act (NDAA) for Fiscal Year 2021 has added three disorders to the list of diseases presumptively associated with exposure to herbicide agents. Specifically, it amended 38 U.S.C. § 1116(a)(2) to include Parkinsonism, bladder cancer, and hypothyroidism. The Veteran’s VA medical records show a diagnosis of bladder cancer in 2012 and ongoing treatment thereafter. The Veteran’s exposure to Agent Orange has been conceded, as he served in the Republic of Vietnam between the dates of January 9, 1962, and May 7, 1975. See 38 U.S.C. § 1116(a)(1)(A). As the Veteran is currently diagnosed with a condition listed in 38 U.S.C. § 1116(a)(2), and was exposed to herbicide agents in service, the nexus element of service connection is established on a presumptive basis. Accordingly, entitlement to service connection for bladder cancer is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Entitlement to service connection for hypertension is dismissed 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. Additionally, an appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board issues a decision. 38 C.F.R. § 19.55. Withdrawal may be made either by (and only by) a veteran or his authorized representative. Id. In February 2021, the Veteran and his authorized representative appeared and provided testimony before the undersigned Veterans Law Judge. A hearing transcript is associated with the record. At the February 2021 Board hearing, the Veteran’s representative testified that the Veteran wished to withdraw his appeal as to the issue of entitlement to service connection for hypertension. When the Veteran was directly asked if he desired to withdraw his appeal for service connection for hypertension, he replied, “yes, it is.” The undersigned Veterans Law Judge then explained that VA would take no further action on the claim, and that if the Veteran wished to seek service connection for hypertension in the future, he would have to file a new claim; the Veteran stated that he understood. Because of the Veteran’s withdrawal of this claim during a Board hearing, there remain no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction over the issue of entitlement to service connection for hypertension, and the matter is dismissed. In reaching this determination, the Board makes no findings on the merits of the appeal. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Shermila Sundquist 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.