Citation Nr: 22018532
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 17-09 879
DATE: March 29, 2022

ORDER

The claim for service connection for coronary artery disease (CAD) is granted.

The claim for service connection for diabetes mellitus type II (herein diabetes) is granted.

FINDINGS OF FACT

1. Resolving reasonable doubt in the Veteran's favor, the Veteran's CAD is presumptively service-connected to herbicide exposure.

2. Resolving reasonable doubt in the Veteran's favor, the Veteran's diabetes is presumptively service-connected to herbicide exposure.

CONCLUSIONS OF LAW

1. The criteria for service connection for CAD are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

2. The criteria for service connection for diabetes are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from January 1967 to December 1968.

He provided testimony during a hearing before the undersigned in February 2021. A transcript is of record.

The claim was remanded in May 2021 for additional development and has been returned now following substantial compliance with the remand orders. 

Service Connection

1. Entitlement to service connection for CAD

2. Entitlement to service connection for diabetes 

The Veteran contends that he incurred CAD and diabetes as a result of exposure to herbicides during military service. 

Resolving all doubt in the Veteran's favor, the Board finds that exposure to herbicides on aircraft that flew into and around Vietnam is likely. The Veteran served aboard, USS America (CVA-66), which is not shown in the deck logbooks to have traveled within the waterways or within 12 nautical miles around Vietnam. Moreover, the Board acknowledges the research report from a professional researcher from the Veterans Benefits Administration, Office of Field Operations, Military Records Research Center, which stated that the 1968 Command History Report submitted by the USS AMERICA CVA-66 did not include support documentation of the claimed exposure.

However, the logbooks demonstrate that the vessel participated in "special operations", including regular flight operations, while stationed at Yankee Station off the coast of Vietnam and while the ship's posture was set to DEFCON 3. It stands to reason that the USS America (CVA-66) received ships that had traveled at least in close enough proximity to Vietnam to be exposed to herbicides. The Veteran's testimony regarding his duties on board that ship support the finding that he would have been exposed to such aircraft. 

Given the conceded herbicide exposure and the fact that the evidence demonstrates diagnoses of coronary artery disease and diabetes, the Board concludes that presumptive service connection is warranted for both disabilities in this Veteran's case. As such, resolving all doubt in his favor, the Veteran's claim for service connection for CAD and diabetes is granted. 

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. B., 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.