Citation Nr: 21027828
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 18-45 407
DATE: May 6, 2021

ORDER

Entitlement to service connection for Parkinson's disease is granted.

FINDINGS OF FACT

1. The Veteran served on the Korean Demilitarized Zone (DMZ) from January to March 1968.

2. The Veteran has been diagnosed with Parkinson's disease.

CONCLUSION OF LAW

The Veteran's Parkinson's disease is related to in-service herbicide exposure. 38 U.S.C. §§ 1110, 1116B, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service from August 1966 to August 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). 

In April 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ).  A copy of the transcript has been associated with the Veteran's electronic claims folder.

Entitlement to service connection for Parkinson's disease

The Veteran contends that he is entitled to service connection for Parkinson's disease because he served on the Korean DMZ and was exposed to herbicides.  He testified that he was on the DMZ for 4 months.  See Board Hearing Transcript, p.6.  He received the Imjin Scout certificate which verified his commendable participation in operational missions along the DMZ.  Id. at 6.  For the reasons explained below, the Board finds that entitlement to service connection is warranted. 

Presumptive service connection is available for certain diseases associated with herbicide exposure.  A veteran who, during active military, naval, or air service, served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, 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)(iv).  Additionally, 38 U.S.C. § 1116B, extends the presumption of herbicide exposure for veterans who served in or near the Korean DMZ during the period beginning on September 1, 1967, and ending on August 31, 1971.

Parkinson's disease is on the list of diseases for which presumptive service connection can be awarded if the evidence indicates exposure to an applicable herbicide agent.  38 C.F.R. §§ 3.307 (a)(6), 3.309(e).

There is no dispute that the Veteran has a current diagnosis Parkinson's disease.  Under the Blue Water Navy Vietnam Veterans Act of 2019, Veterans who served in or near the Korean DMZ between September 1, 1967 and August 31, 1971 are presumed to have been exposed to tactical herbicides. 38 U.S.C. § 1116B (2020). As stated above, Parkinson's disease is presumed to be related to tactical herbicide exposure. 38 C.F.R. § 3.309 (e).  The Veteran served in or near the Korean DMZ from January to March 1968  within the period for which the presumption applies.  Therefore, service connection for Parkinson's disease is granted.

 

 

Michael A. Pappas

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Baskerville, LaRita

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.