Citation Nr: 21030621 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 17-43 466 DATE: May 19, 2021 ORDER The claim of entitlement to service connection for Parkinson's disease is granted. FINDINGS OF FACT 1. The Veteran was exposed to herbicides during his active service. 2. The Veteran has a current diagnosis of Parkinson's disease, a condition presumptively related to herbicide exposure. CONCLUSION OF LAW The criteria for entitlement to service connection for Parkinson's disease are met. 38 U.S.C. §§ 1110, 1112, 1113, 1116, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had honorable active duty service in the United States Navy from November 1968 to August 1970. He received the Vietnam Service Medal, among other notable commendations. This matter comes before the Board of Veterans' Appeals (Board) from a February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ) in October 2020. A written transcript of that hearing has been prepared and is associated with the evidence of record. In March 2021, the Veteran submitted a Motion to Advance his appeal on the Board's docket. Advancement of the docket may be granted if an appellant is seriously ill or if other sufficient cause is shown. 38 C.F.R. § 20.902(c). In his Motion the Veteran described that he has a serious illness that calls for advancement of his appeal. As such, the Board hereby grants the Motion to Advance on Docket. Id. 1. The claim of entitlement to service connection for Parkinson's disease. The Veteran contends that his Parkinson's disease is related to his exposure to herbicides such as Agent Orange during active service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Absent affirmative evidence to the contrary, veterans who served in the Republic of Vietnam, including the territorial waters of Vietnam, during the Vietnam Era are presumed to have been exposed to certain herbicide agents. 38 U.S.C. §§ 1116, 1116A; 38 C.F.R. § 3.307; see also Procopio v. Wilkie, 913 F.3d 1371, 1376 (Fed. Cir. 2019). The record reflects that the Veteran did serve in the Republic of Vietnam. If a veteran was exposed to a herbicide agent (to include Agent Orange) during active service, certain diseases 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 such disease during service, provided that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. In this case, according to a May 2020 VA examination, the Veteran has a current diagnosis of Parkinson's disease. Next, the evidence of record shows that VA has conceded that the Veteran was exposed to herbicides during his active service. See June 2020 VA Herbicide Exposure Verification Memo. (Continued on the next page) Further, the Board notes that Parkinson's disease is a condition subject to the herbicide agent presumption of 38 U.S.C. § 1116 and 38 C.F.R. § 3.309. Accordingly, as the Veteran has a current diagnosis and was exposed to Agent Orange during active duty, entitlement to service connection for Parkinson's disease is warranted and the appeal is granted. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Hart, 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.