Citation Nr: 21024914 Decision Date: 04/27/21 Archive Date: 04/26/21 DOCKET NO. 16-24 012A DATE: April 27, 2021 ORDER Service connection for Parkinson's disease is granted. FINDING OF FACT 1. Resolving all reasonable doubt in favor of the Veteran, exposure to herbicides at U-Tapao Royal Thai Air Force Base (RTAFB) has been established. 2. The Veteran had a diagnosis of Parkinson’s disease, which is presumed related to his in-service herbicide exposure. CONCLUSION OF LAW The criteria for service connection for Parkinson’s disease as due to exposure to herbicides are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1959 to December 1979. The Veteran died in December 2018; the appellant is his surviving spouse. In February 2018 the Veteran and his spouse testified before a Veterans’ Law Judge; a copy of the transcript is a part of the record. Additionally, in April 2021 the appellant testified before the undersigned Veterans’ Law Judge. As this case is being decided under the one touch initiative, a hearing transcript will be associated with the file at a later date. Parkinson's disease Service connection may be granted for disability resulting from disease or injury incurred in or aggravated during service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. That determination requires a finding of current disability that is related to an injury or disease in service. Watson v. Brown, 4 Vet. App. 309 (1993); Rabideau v. Derwinski, 2 Vet. App. 141 (1992). Service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury that was incurred or aggravated in service. 38 C.F.R. § 3.303(d). VA has established a presumption of service connection for certain diseases found to be associated with herbicide exposure, including Parkinson’s disease. 38 U.S.C. § 1116; 38 C.F.R. § 3.309(e). Absent affirmative evidence to the contrary, diseases on the presumptive list such as prostate cancer will be service connected even if there is no evidence of the disease during service, provided that herbicide exposure is established. 38 C.F.R. § 3.307(d). The United States Department of Defense has confirmed that herbicides were used within the Thailand bases to control weeds from February 28, 1961, to May 7, 1975, at base perimeters. The majority of troops in Thailand during the Vietnam Era were stationed at the RTAFB of U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang. See M21-1, Part IV, Subpart ii, Chapter 1, Section H.5.b. If a veteran served on one of these air bases as a security policeman, security patrol dog handler, member of a security police squadron, or otherwise served near the air base perimeter, as shown by MOS (military occupational specialty), performance evaluations, or other credible evidence, then herbicide exposure should be acknowledged on a facts-found or direct basis. This applies only during the Vietnam Era. The Veteran's service personnel records show that he was stationed multiple times at U-Tapao RTAFB from 1968-1969. The Veteran's military occupational specialty (MOS) during this time was a B-52 Tail Gunner. The Veteran submitted statements, photographs, and testified at his 2018 hearing that during the course of his time at U-Tapao, he was often in close proximity to the perimeter of the base, as the flight line was in close proximity to the base. The Veteran also submitted photographs of U-Tapao which confirms the close location of the flight line and supporting buildings to the base perimeter. Additionally, the Veteran’s wife testified that her husband often discussed his close proximity and contact with the base perimeter. Thus, the Veteran provided competent testimony that establishes service near the base perimeter along with documentation of his service at U-Tapao and the location of the flight line near the base perimeter. The Board finds such to be consistent with the circumstances, places, and types of the Veteran’s service. There is no evidence in the file to doubt these statements and so the Board finds the Veteran’s account of herbicide exposure during service to be credible. Layno v. Brown, 6 Vet. App. 465, 470 (1994). (Continued on the next page)   Resolving doubt in the Veteran’s favor, the evidence establishes that the Veteran was exposed to herbicides while serving at U-Tapao RTAFB. Because Parkinson’s is a condition for which service connection can be granted on a presumptive basis when exposure to herbicides is established, service connection for prostate cancer is granted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.