BVA9501849 DOCKET NO. 89-19 794 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUE Entitlement to service connection for angioneurotic edema, claimed as secondary to Agent Orange exposure. ATTORNEY FOR THE BOARD K. J. Kunz, Associate Counsel INTRODUCTION The veteran had active service from February 1964 to December 1974. This appeal arises from an August 1987 rating decision of the San Diego, California, regional office (RO). In that decision, the RO granted service connection for urticaria with dermographism and angioneurotic edema, but denied service connection for residuals of Agent Orange exposure. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that service connection is warranted for a skin condition known as angioneurotic edema. He reports that he has daily outbreaks of hives and itching, relieved by cold water or cold air. He contends that this skin disorder was caused by exposure to Agent Orange during his service in Vietnam. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that a skin disorder, described as urticaria with dermographism and angioneurotic edema, is already service- connected; and the preponderance of the evidence establishes that the skin disorder is not secondary to exposure to Agent Orange. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the originating agency. 2. The veteran was exposed to an herbicide agent containing dioxin during active service in the Republic of Vietnam. 3. The veteran has a chronic skin disorder, diagnosed as urticaria with dermographism and angioneurotic edema, that began during service. 4. The veteran's skin disorder was not caused by exposure to an herbicide agent such as Agent Orange. CONCLUSIONS OF LAW 1. A chronic skin disorder, urticaria with dermographism and angioneurotic edema, was incurred in service. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. § 3.303 (1994). 2. The veteran's skin disorder, urticaria with dermographism and angioneurotic edema, is not secondary to herbicide exposure in service. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. § 3.310 (1994); 59 Fed. Reg. 5107 (1994) (to be redesignated at 38 C.F.R. §§ 3.307(a)(6), 3.309(e)); (hereinafter cited as 38 C.F.R. §§ 3.307(a)(6), 3.309(e)). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Board notes that the veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107 (West 1991). A well grounded claim is a plausible claim, one which is meritorious on its own or capable of substantiation. Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). We are also satisfied that all relevant facts have been properly developed so that further assistance to the veteran is not required. 38 U.S.C.A. § 5107 (West 1991). The veteran had active service in the Republic of Vietnam. He reports that outbreaks of hives and itching began during his service in Vietnam, and have continued through the present. Service medical records documented treatment in service for angioneurotic edema, and VA examinations in 1987 and 1989 noted chronic urticaria and dermographism. We note that service connection has already been granted for this skin disorder, described in rating decisions as urticaria with dermographism and angioneurotic edema. As service connection has been granted, the remaining appealable issue is whether the skin disorder incurred in service is secondary to exposure in service to Agent Orange. Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C.A. § 1110 (West 1991); 38 C.F.R. § 3.303 (1994). Secondary service connection may be granted for a disability which is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a) (1993). A veteran who has had active service in the Republic of Vietnam during the Vietnam era shall be presumed to have been exposed during such service to an herbicide agent containing dioxin, such as Agent Orange, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. Regulations provide a list of diseases that are considered to be associated with herbicide exposure for purposes of presumptive service connection. Conditions or diseases of the skin which are included on the list of disorders associated with Agent Orange exposure are chloracne or other acneform disease consistent with chloracne, and porphyria cutanea tarda. Where any of these conditions becomes manifest to a compensable degree within one year of the last date on which the veteran was exposed to an herbicide agent during active service, service incurrence will be presumed. 38 C.F.R. §§ 3.307(a)(6), 3.309(e) (1994). The veteran is presumed to have been exposed to Agent Orange during his service in Vietnam. The skin disorder that he incurred in service has not been found to be chloracne, another acneform disease consistent with chloracne, or porphyria cutanea tarda. The veteran's urticaria with dermographism and angioneurotic edema is not a disorder that the regulations list as associated with exposure to an herbicide agent. 38 C.F.R. §§ 3.307(a)(6), 3.309(e) (1994). The record does not contain medical evidence that the veteran's skin disorder is proximately due to or the result of herbicide exposure. 38 C.F.R. § 3.310 (1994). We conclude that the veteran's angioneurotic edema is service connected, but that the condition is not secondary to exposure to Agent Orange. The evidence is not so evenly balanced that there is doubt as to any material issue. 38 U.S.C.A. § 5107 (West 1991). ORDER Entitlement to service connection for a skin disorder has already been granted; service connection of that skin disorder as secondary to exposure to Agent Orange is denied. JACK W. BLASINGAME Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.