Citation Nr: 21042007
Decision Date: 07/11/21	Archive Date: 07/11/21

DOCKET NO. 17-00 014A
DATE: July 11, 2021

ORDER

Entitlement for prostate cancer status post radical prostatectomy, claimed as due to exposure to Agent Orange is granted.

FINDING OF FACT

Per Rating decision, the Veteran served in the official waters of Vietnam during the Vietnam war and presumably was exposed to herbicides during active duty; he thereafter developed prostate cancer.

CONCLUSION OF LAW

Prostate cancer is presumed to have been incurred in service. 38 U.S.C. §§ 1110, 5107 (West 2014); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309 (2016).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1966 to November 1969.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement for prostate cancer status post radical prostatectomy, claimed as due to exposure to Agent Orange

The Veteran essentially contends that he developed prostate cancer due to exposure to herbicides during service in Vietnam.

The August 2013 rating decision concluded that the Veteran served on the USS Waller in official waters of the Republic of Vietnam from October 29, 1968 to November 15, 1968. See, e.g., Rating Decision-Narrative dated August 2013. There is further detail about the naval operations that the Veteran participated in that involved being in the offshores of the Republic of Vietnam. See, e.g., DPRIS Response dated September 2016. 

Therefore, the Board can conclude there is credible evidence that the Veteran served offshore in Republic of Vietnam waters during the applicable presumptive period under 38 C.F.R. § 3.307(a)(6)(iii) regarding exposure to Agent Orange.

 

As the record further shows that the Veteran developed prostate cancer following discharge from service, entitlement to service connection for the disability is warranted. 38 C.F.R. § 3.307, 3.309(e). 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Konieczny, Adam

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.