Citation Nr: 22040161 Decision Date: 07/13/22 Archive Date: 07/13/22 DOCKET NO. 19-01 579 DATE: July 13, 2022 ORDER Service connection for chronic lymphocytic leukemia (CLL), as a result of exposure to herbicide, is granted. FINDING OF FACT The Veteran has a current diagnosis of CLL, and the evidence is at least in equipoise as to whether the Veteran was exposed to herbicide agents during his period of service in Thailand. CONCLUSION OF LAW The criteria for service connection for CLL have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.307(a)(6), 3.309(e) (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from March 1971 to March 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) denying service connection for chronic lymphocytic leukemia. In July 2022, the Veteran testified at a videoconference hearing before the undersigned. This decision is being rendered prior to the production of a transcript of that hearing under the Board's One Touch program; as the claim is being granted, the Veteran is not prejudiced. Service Connection Laws and Regulations Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Only chronic diseases listed under 38 C.F.R. § 3.309 (a) (2018) are entitled to the presumptive service connection provisions of 38 C.F.R. § 3.303 (b). Walker v. Shinseki, 708 F.3d 1331 Fed. Cir. 2013). Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against a claim, in which case, the claim is denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. The Veteran seeks service connection for CLL as due to exposure to herbicide agents while in service. Presumptive service connection is available for specific diseases associated with exposure to herbicide agents listed under 38 C.F.R. § 3.309(e) if the disease becomes manifest to a degree of 10 percent or more at any time after service. 38 C.F.R. § 3.307 (2018). Chronic lymphocytic leukemia is presumptively associated with exposure to herbicide agents. Id. There is no presumption of exposure to herbicides based on service in Thailand. In certain circumstances, however, VA will concede exposure to herbicide agents for veterans stationed in Thailand during the Vietnam era. If a Veteran was stationed at the Royal Thai Air Force Bases of U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang during the Vietnam Era, VA will concede exposure on a direct or fact found basis if the Veteran served as an Air Force security policeman, security patrol dog handler, member of a security police squadron; or was otherwise shown by evidence of daily work duties, performance, or evaluation reports to have served near the base perimeter. VA has established a procedure for verifying exposure to herbicides in Thailand during the Vietnam Era. VA has determined that there was the use of herbicides on the fenced-in perimeters of military bases in Thailand for the purpose of eliminating vegetation and ground cover for base security purposes. This allows for presumptive service connection of the diseases associated with herbicide exposure. Initially, the Board finds that VA clinical evidence of record demonstrates that the Veteran has been diagnosed with CLL in 2015. An August 2017 VA examination also indicated that the Veteran's CLL was "active." Service personnel records show that the Veteran served in Thailand from October 1972 to March 1973 and confirm that he was stationed at Udorn Royal Airforce Base (RTAFB). Service personnel records also show that the Veteran was a crew chief responsible for preflight and postflight inspections on F-4 aircraft. Additionally, the records indicated that the Veteran coordinated and monitored specialists during all phases of flight line maintenance. The Board acknowledges that the Veteran's DD214 indicates his military occupational specialty (MOS) as an aircraft maintenance specialist and an aircraft mechanic. In May 2017, the Veteran submitted a VA Form 21-4138 Statement in Support of Claim, indicating that his duties at the Udorn RTAFB included placing him near the perimeter road and the drift zone. The Veteran stated that as a lower ranking enlistment he was required to walk or run to get anywhere on the base. He also noted that his barracks (OMS Barracks) were open to the outside air and stationed near the perimeter road. The Veteran also stated that he traveled along a road, when leaving the base, that ran a few meters from and along the side perimeter fence. Additionally, in June 2017, the Veteran submitted a buddy statement, from a crew chief, who was on active duty with the Veteran. The buddy statement indicated that the Veteran's duties at Udorn RTAFB required him to be on and near the base perimeter on a daily basis. Further, in September 2017, the Veteran submitted a Notice of Disagreement (NOD) for his service connection for chronic lymphocytic leukemia claim, indicating that he served in Thailand for six months and that his workspace included duties along the perimeter taxi way. The Veteran stated that he spent "countless hours along the perimeter, towing aircraft, where agent orange was sprayed." See September 2017 NOD. The Veteran testified to similar exposure and duties during the July 2022 Board hearing. In sum, the Veteran's lay statements, buddy statement and service personnel records, indicating his close proximity to the perimeter, is most probative to a finding that the Veteran was regularly near the perimeter and exposed to herbicide agents at the Udorn RTAFB in Thailand. Based on the evidence presented, the Board finds that the Veteran having served in Thailand with duties placing him at or near the base perimeter at the Air Force base of Udorn in Thailand, exposure to herbicides is established on a facts-found basis. The Veteran has consistently, credibly, and competently held that his duties put him at or near the perimeter of the base. Absent probative evidence to the contrary, the Board does not doubt his credibility. Buchanan v. Nicholson, 451 F.3d 1331, 1336 (Fed. Cir. 2006) (competency of the claimant to report observable events from service, were found credible). Accordingly, service connection for CLL is granted. 38 U.S.C. § 5107 ; 38 C.F.R. § 3.102. Romina A. Casadei Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Dourmashkin 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.