The Board finds that the initial March 1999 grant of service connection for prostate cancer and various residual disabilities was clearly erroneous based on the legal presumption of exposure to herbicides set forth at 38 C.F.R. § 3.307(a)(6)(iii) pertaining to veterans who had 'Service in the Republic of Vietnam.' The appellant's active naval service did not include 'Service in the Republic of Vietnam' as defined, and he is not now entitled to this legal presumption.
The deciding factor: The appellant's active naval service did not involve duty or visitation within the Republic of Vietnam, thus his exposure to herbicides does not qualify for the legal presumption set forth at 38 C.F.R. § 3.307(a)(6)(iii).
- Claimed conditions
- prostate cancer, urinary incontinence, painful scar
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 12, 2006
- Citation
- 0610498
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Veteran is granted an effective date of April 25, 2014, for service connection for prostate cancer.
- Remanded (sent back)
The Board remands the issue of service connection for prostate cancer to obtain an addendum opinion addressing the Veteran's toxic exposure risk activities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.