Decision A26035983

Citation Nr: A26035983
Decision Date: 04/17/26	Archive Date: 04/17/26

DOCKET NO. 250609-552797
DATE: April 17, 2026

ORDER

Entitlement to service connection for a skin disorder is granted.

Entitlement to service connection for an eye disability is granted.

Entitlement to service connection for diverticular disease is granted.

Entitlement to service connection for hypertension is granted.

Entitlement to service connection for a psychiatric disability is granted.

Entitlement to service connection for Parkinson's disease is granted.

Entitlement to service connection for a prostate condition is granted.

Entitlement to service connection for increased urinary frequency is granted.

FINDINGS OF FACT

1. The Veteran was exposed to herbicide agents, mustard gas, and ionizing radiation while serving as a research participant at Edgewood Arsenal. 

2. The Veteran's skin, eye, diverticular disease, hypertension, psychiatric, Parkinson's disease, prostate condition, and urinary disabilities were the result of his exposures in service. 

CONCLUSIONS OF LAW

1. The criteria for service connection for a skin disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

2. The criteria for service connection for an eye disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

3. The criteria for service connection for diverticular disease are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

4. The criteria for service connection for hypertension are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

5. The criteria for service connection for a psychiatric disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

6. The criteria for service connection for Parkinson's disease are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

7. The criteria for service connection for a prostate condition are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

8. The criteria for service connection for increased urinary frequency are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1966 to May 1968.  The Board recognizes the Veteran's service to our country, and the sacrifices it necessarily entailed.

This matter comes before the Board of Veterans' Appeals (Board) from an April and May 2025 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

In the July 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the April and May 2025 agency of original jurisdiction (AOJ) decisions on appeal.  38 C.F.R. § 20.301.  Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board.  38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence.  38 C.F.R. § 3.2501.  If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision. 

Service connection will be granted if the evidence demonstrates a current disability resulted from an injury or disease incurred in or aggravated by active military service, even if the disability was initially diagnosed after service.  38 U.S.C. §§ 1110,
 to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence.  38 C.F.R. § 3.2501.  If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision. 

Service connection will be granted if the evidence demonstrates a current disability resulted from an injury or disease incurred in or aggravated by active military service, even if the disability was initially diagnosed after service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a).  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) 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).  Service connection may be granted for any disease initially diagnosed after service when all the evidence, including pertinent to service, establishes the disease was incurred in service.  38 C.F.R. § 3.303(d).

The Veteran contends that his disabilities are related to participation in a medical research study at the Edgewater Arsenal facility.  Service personnel records confirm that the Veteran participated in a medical research volunteer program at the United States Army Chemical Research and Development Laboratories, Army Chemical Center, Maryland.  The Veteran volunteered in the laboratories located at Edgewood Arsenal.  See Military Personnel Record, March 2024.

The Adjudication Procedures Manual (M21-1 - Live Manual) notes that Edgewood Arsenal is a known location where Amy personnel were exposed to mustard gas or lewisite.  See VBA Manual M21-1, IV.ii.1.F.1.b.  The Veteran's exposure to herbicide agents, ionizing radiation, and mustard gas was conceded in October 2024.  See Other, October 2024.  While a later memorandum determined the Veteran was not exposed to hazardous materials in service, the Board finds the evidence sufficient to determine that the Veteran was exposed to hazardous materials. 

If the veteran was exposed to an herbicide agent during service, certain diseases shall be service connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even though there was no record of such disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied.  The list of eligible diseases under 38 C.F.R. § 3.309(e) includes Parkinson's disease.  Moreover, in August 2022, Congress passed the Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act).  This law increases eligibility to benefits by expanding lists of locations, timeframes, and presumptive conditions related to toxic exposures.  PACT Act, Pub. L. 117-168 (2022).  The PACT Act expanded the list of presumptive conditions to include hypertension.  Regulations further provide that the diseases listed at § 3.309(e) shall have become manifest to a degree of 10 percent or more at any time after service.  38 C.F.R. § 3.307(a)(6)(ii).

As the Veteran was found to be exposed to herbicide agents, the Board finds his Parkinson's disease and hypertension are presumed to be the result of exposure to herbicide agents resulting from his service.

Additionally, the Veteran underwent VA examinations for his conditions.  The Veteran was diagnosed with adjustment disorder with depressed mood and anxiety.  The examiner opined that the Veteran's disability is at least as likely as not due to his service as it is well established that individuals can experience issues with adjustment after exposure to novel or stressful circumstances, including his exposure to hazardous materials.  See C&P Exam, November 2024.

The Veteran has been diagnosed with benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts and diplopia.  Regarding these disabilities, a VA examiner opined that these conditions were due to his exposure at Edgewood Arsenal, including exposure to mustard gas.  See C&P Exam, December 2024.  His cataracts were also found to be at least as likely
 individuals can experience issues with adjustment after exposure to novel or stressful circumstances, including his exposure to hazardous materials.  See C&P Exam, November 2024.

The Veteran has been diagnosed with benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts and diplopia.  Regarding these disabilities, a VA examiner opined that these conditions were due to his exposure at Edgewood Arsenal, including exposure to mustard gas.  See C&P Exam, December 2024.  His cataracts were also found to be at least as likely as not due to his exposure to ionizing radiation.  See C&P Exam, January 2025.

Finally, the record shows that the Veteran was diagnosed with a duodenal ulcer in October 1968, only five months after his discharge for service.  See Military Personnel Record, March 2024.  The Board finds that the Veteran's ulcer likely developed during his military service.

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Upon review of the record, the Board finds that the Veteran was exposed to herbicide agents, mustard gas, and ionizing radiation while at Edgewood Arsenal.  As the Veteran's exposure has been conceded, and VA examiners have concluded that his conditions were due to his various exposures, service connection for adjustment disorder, benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts and diplopia is warranted.

 

 

Frederic P. Gallun

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.H., 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.