190529-20541
190529-20541
| Board of Vet. App. | Sep 30, 2021Background
- Veteran served in the U.S. Army (Feb 1969–Mar 1976) and was stationed at Korat Royal Thai Air Force Base from July 12, 1969 to May 1, 1970.
- MOS records show he was a vehicle driver (Jul 1969–Feb 1970) and assigned to a security platoon (Feb–May 1970); he testified he performed perimeter road work and perimeter security duties that put him near treated vegetation.
- He alleges inhalation of dust from soil/vegetation disturbed during perimeter road construction where herbicides had been applied.
- Post-service medical records (including a March 2018 private DBQ and 2018 VA treatment notes) diagnose ischemic heart disease treated with continuous medication and status post coronary stent, meeting the 10% manifestion threshold.
- VA unit-history/JSRRC records corroborate that the 561st Engineer Company performed a perimeter road project at Korat in 1969–1970; VA guidance and memoranda recognize perimeter herbicide use in Thailand and authorize factual findings of exposure where supported by duties and corroboration.
- The Board found factual exposure to herbicide agents at Korat, applied the herbicide-disease presumption for ischemic heart disease, and granted service connection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of a current disability | Veteran: has ischemic heart disease (post-stent) documented in 2018 records and DBQ | VA: required proof of current disability (but AOJ had already found current disability) | Granted — ischemic heart disease shown and treated to ≥10% |
| Whether veteran was exposed to herbicide at Korat AFB | Veteran: MOS, daily perimeter road work and perimeter security placed him in contact with treated vegetation/dust | VA: no presumption from Vietnam service; exposure must be shown on the facts for Thailand service | Board found lay testimony + SPRs + JSRRC + VA guidance persuasive — factual exposure established |
| Applicability of herbicide presumption for ischemic heart disease | Veteran: ischemic heart disease is a listed herbicide-associated disease and manifests post-service | VA: presumption applies only if exposure is established (no automatic presumption for Thailand service) | Held — presumption applies because exposure and manifestation requirements met; service connection granted |
| Consideration of post-hearing evidence submitted outside evidentiary window | Veteran submitted additional documents after the allowed 90‑day window | VA: Board limited to evidence before AOJ and within the hearing window per AMA rules | Held — additional post-window evidence was not considered by the Board (may be submitted via Supplemental Claim) |
Key Cases Cited
- Holton v. Shinseki, 557 F.3d 1363 (three-element test for service connection)
- Jandreau v. Nicholson, 492 F.3d 1372 (when lay evidence may be competent for medical diagnosis/etiology)
- Buchanan v. Nicholson, 451 F.3d 1331 (weighing probative value of lay evidence against other record evidence)
- Gilbert v. Derwinski, 1 Vet. App. 49 (benefit-of-the-doubt rule in veterans claims)
- Procopio v. Wilkie, 913 F.3d 1371 (limitations on Vietnam-service presumption for herbicide exposure)
- Parseeya-Picchione v. McDonald, 28 Vet. App. 171 (VA acknowledgment that Thailand base perimeters may have been treated with tactical or strong commercial herbicides)