BLADDER NEOPLASM OF

Summary

The Veteran served from June 1966 to June 1968, with service in Korea. The Veteran sought service connection for bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, coronary artery disease, bilateral lower extremity diabetic peripheral neuropathy, bilateral upper extremity peripheral neuropathy, and diabetic nephropathy. The Board granted service connection for bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, coronary artery disease, bilateral lower extremity diabetic peripheral neuropathy, and diabetic nephropathy. Service connection for bilateral upper extremity peripheral neuropathy was denied due to lack of current diagnosis. The Board found that the Veteran was exposed to herbicide agents on a facts-found basis, citing his service in Korea near the DMZ, interaction with units associated with herbicide use, presence of 55-gallon drums, and observations of spraying and barren ground at Camp Beavers. This presumptive exposure linked to bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, and coronary artery disease. The bilateral lower extremity diabetic peripheral neuropathy and diabetic nephropathy were granted on a secondary basis to the service-connected diabetes mellitus type 2. The denial for bilateral upper extremity peripheral neuropathy was based on a lack of competent evidence of a current diagnosis.

Rationale

Presumed exposure to herbicide agents on facts-found basis; Bladder cancer is a disease presumptively linked to herbicide exposure

Full Decision Text

Citation Nr: A26025129
Decision Date: 03/19/26	Archive Date: 03/19/26

DOCKET NO. 250722-558108
DATE: March 19, 2026

ORDER

Service connection for bladder cancer is granted. 

Service connection for lung cancer is granted. 

Service connection for diabetes mellitus type II is granted. 

Service connection for hypertension is granted. 

Service connection for coronary artery disease is granted. 

Service connection for right lower extremity diabetic peripheral neuropathy is granted.

Service connection for left lower extremity diabetic peripheral neuropathy is granted.

Service connection for right upper extremity peripheral neuropathy is denied.

Service connection for left upper extremity peripheral neuropathy is denied.

Service connection for diabetic nephropathy is granted.

FINDINGS OF FACT

1. The relevant and probative evidence supports a finding that the Veteran was exposed to herbicide agents in service; his diagnoses of bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, and coronary artery disease are presumed to be related to such exposure.

2. The Veteran's diagnosis of bilateral lower extremity diabetic peripheral neuropathy is secondary to his now service-connected diabetes mellitus type 2.

3. There is no argument or indication that the Veteran has a diagnosis of or symptoms consistent with bilateral upper extremity peripheral neuropathy.

4. The Veteran's diagnosis of diabetic nephropathy is secondary to his now service-connected diabetes mellitus type 2.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for bladder cancer are met.  38U.S.C. §§1110, 1116(a)(2), 5107; 38C.F.R. §§ 3.102, 3.303; 3.307, 3.309.

2. The criteria for entitlement to service connection for lung cancer are met.  38U.S.C. §§1110, 1116(a)(2), 5107; 38C.F.R. §§ 3.102, 3.303; 3.307, 3.309.

3. The criteria for entitlement to service connection for diabetes mellitus type 2 are met.  38U.S.C. §§1110, 1116(a)(2), 5107; 38C.F.R. §§ 3.102, 3.303; 3.307, 3.309.

4. The criteria for entitlement to service connection for hypertension are met.  38U.S.C. §§1110, 1116(a)(2), 5107; 38C.F.R. §§ 3.102, 3.303; 3.307, 3.309.

5. The criteria for entitlement to service connection for coronary artery disease are met.  38U.S.C. §§1110, 1116(a)(2), 5107; 38C.F.R. §§ 3.102, 3.303; 3.307, 3.309.

6. The criteria for service connection on a secondary basis for right lower extremity diabetic peripheral neuropathy are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310(a).

7. The criteria for service connection on a secondary basis for left lower extremity diabetic peripheral neuropathy are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310(a).

8. The criteria for service connection for right upper extremity peripheral neuropathy are not met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

9. The criteria for service connection for left upper extremity peripheral neuropathy are not met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

10. The criteria for service connection on a secondary basis for diabetic nephropathy are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310(a).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1966 to June 1968.

This matter comes before the Board of Veterans' Appeals (Board) from a January 2025 rating decision.

In his July 2025 VA Form 10182 (notice of disagreement), the Veteran elected the Hearing docket.  He testified at a Board hearing on December 8, 2025. 
.310.

10. The criteria for service connection on a secondary basis for diabetic nephropathy are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310(a).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1966 to June 1968.

This matter comes before the Board of Veterans' Appeals (Board) from a January 2025 rating decision.

In his July 2025 VA Form 10182 (notice of disagreement), the Veteran elected the Hearing docket.  He testified at a Board hearing on December 8, 2025.  Therefore, the Board may only consider the evidence of record as of January 6, 2025, the date of the rating decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing.  38 C.F.R. §?20.302(a).  If the Veteran submitted evidence that was added to the record after January 6, 2025, and before the Board hearing on December 8, 2025, or more than 90 days after the Board hearing, the Board did not consider it.  If the Veteran wishes to have VA consider any evidence that was not considered, a supplemental claim should be submitted identifying such evidence.  See 38 C.F.R. § 3.2501.

1. Service connection for bladder cancer is granted. 

2. Service connection for lung cancer is granted. 

3. Service connection for diabetes mellitus type II is granted. 

4. Service connection for hypertension is granted. 

5. Service connection for coronary artery disease is granted. 

The Veteran seeks service connection for bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, and a heart disability.  See fully developed claim from February 13, 2024.

The decision on appeal determined that the Veteran has diagnoses of bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, and coronary artery disease, all of which are diseases presumptively linked to herbicide exposure.  The Board sees no reason to disturb these favorable findings and is bound by them.

Herbicide agent exposure may be presumed under certain circumstances.  Specifically, veterans who, during their active service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, or in or near the Korean DMZ between September 1, 1967 and August 31, 1971, shall be presumed to have been exposed to an herbicide agent, unless there is affirmative evidence of non-exposure.  38 U.S.C. §§ 1116, 1116A, 1116B; 38 C.F.R. § 3.307.

Military personnel records indicate that the Veteran served in Korea from November 30, 1966, to December 20, 1967, as part of Company B of the 44th Engineer Battalion (Construction).  See military records from October 19, 2017.

The Department of War (DOW) has identified specific units it has cited that served in areas along the Demilitarized Military Zone (DMZ) in Korea where herbicide agents were used between September 1, 1967, and August 31, 1971.  38 C.F.R. § 3.307(a)(6)(iv).  VA's Adjudication Procedure Manual, M21 ("M21"), contains a list of a number of Battalions of Infantry, Cavalry, Armor, and Artillery Divisions identified as specific units that served in areas along the DMZ in Korea where herbicide agents were used between September 1, 1967, and August 31, 1971.

The VA Adjudication Procedures Manual is not binding on the Board.  However, the Board must address relevant provisions of the M21 and conduct an independent analysis before determining whether the provisions may be relied upon as a factor to support its decision.  Overton v. Wilkie, 30 Vet. App. 257 (2018).  In this case, the table of units listed in the M21 is provided by the Department of Defense (DoD) and contains units that the DoD itself has determined to have operated in the DMZ from September 1, 1967, to August 31, 1971, based upon their records.  The DOW's findings as to where military units were located are highly probative and the Board accepts the DoD's list as appropriate guidance.

As relevant to the present case, Company B of the 44th Engineer Battalion (Construction) is not on
 provisions may be relied upon as a factor to support its decision.  Overton v. Wilkie, 30 Vet. App. 257 (2018).  In this case, the table of units listed in the M21 is provided by the Department of Defense (DoD) and contains units that the DoD itself has determined to have operated in the DMZ from September 1, 1967, to August 31, 1971, based upon their records.  The DOW's findings as to where military units were located are highly probative and the Board accepts the DoD's list as appropriate guidance.

As relevant to the present case, Company B of the 44th Engineer Battalion (Construction) is not on the M21's list of specific units identified by the DOW as having service in areas along the DMZ in Korea.

In support of his claim, the Veteran has indicated that he served at Fort Beavers as part of the 44th Engineer Battalion, during the same time as the 1st Battalion of the 73rd Armored Division.  The DOW has identified the latter as having served along the Korean DMZ.  See fully developed claim from February 13, 2024.

Regarding service at Camp Beavers, he has indicated that his "direct job" was building the Babitz Bridge.  He explained that, later in his deployment, he noticed that everything around the base was brown and that he later learned that this was due to the use of Agent Orange around the tents and perimeter.  He stated that "[a]lthough my unit is not on the list we were on the same base at the same time as other units that have been associated with agent orange exposure."  See statement from February 13, 2024.  The Veteran has submitted copies of service treatment records that place him at Camp Beavers in October 1967.  See documents attached to VA 21-4142 Authorization for Release of Information from February 13, 2024.

A professional researcher from the Veterans Benefits Administration, Office of Field Operations Service, Military Records Research Center, conducted research to verify the Veteran's asserted herbicide agent exposure while serving on the Korean DMZ.  According to the researcher, the 1967 Unit History submitted by 44th Engineer Battalion does not mention the use or storage of herbicide agents, nor does it mention or document any specific duties performed by the Veterans unit along DMZ.

At the Board hearing, the Veteran reiterated that there was no green grass at Camp Beavers and that a lot of spraying was done, including around living quarters.  He explained that, at Camp Beavers, he would interact with members of the 1st Battalion of the 73rd Armored Division, to include being transported in their trucks.  He suggested that some of those trucks were used to deliver material to the DMZ.  He also recalled seeing a lot of 55-gallon drums in the motor pool area.  He explained that, while stationed in Korea, he spent most of his time at Camp Beavers and estimated that Camp Beavers was 8 to 10 miles from the DMZ.  Finally, he acknowledged that he never actually went to the Korean DMZ.

Based on the above, the Board finds that the evidence supports a finding of herbicide agent exposure on a facts-found basis.  As discussed, the evidence in this appeal tends to establish that the Veteran was stationed in the same military facility as an armored battalion that has been identified as having service along the Korean DMZ, during the relevant time period.  Furthermore, the Veteran's competent and credible testimony establishes that he interacted with members of that battalion, to include being transported in that battalion's trucks, and that he saw 55-gallon drums in the motor pool.  The Board acknowledges the likelihood that these drums contained herbicide agents.  Finally, the Veteran's report of barren ground and regular spraying at Camp Beavers tend to support that, at a minimum, he was exposed to commercial herbicide agents (i.e., chemicals used for routine base maintenance activities such as range management, brush clearing, and weed killing) during service in Korea.  This would mean exposure to chemicals, such as 2,4-D; 2,4,5-T and its contaminant TCDD; cacodylic acid; and picloram that are listed in 38 C.F.R. § 3.307(a)(6)(i). 

Having concluded, on a facts-found basis, that the Veteran was exposed to herbicide agents, the Board may presume that the Veteran's bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, and coronary artery disease are due to such exposure.  38 U.S.C. § 1116(a)(1), (2).  Service connection for these disabilities is therefore granted on a presumptive basis.


 service in Korea.  This would mean exposure to chemicals, such as 2,4-D; 2,4,5-T and its contaminant TCDD; cacodylic acid; and picloram that are listed in 38 C.F.R. § 3.307(a)(6)(i). 

Having concluded, on a facts-found basis, that the Veteran was exposed to herbicide agents, the Board may presume that the Veteran's bladder cancer, lung cancer, diabetes mellitus type 2, hypertension, and coronary artery disease are due to such exposure.  38 U.S.C. § 1116(a)(1), (2).  Service connection for these disabilities is therefore granted on a presumptive basis.

6. Service connection for right lower extremity diabetic peripheral neuropathy is granted.

7. Service connection for left lower extremity diabetic peripheral neuropathy is granted.

8. Service connection for right upper extremity peripheral neuropathy is denied.

9. Service connection for left upper extremity peripheral neuropathy is denied.

The Veteran seeks service connection for peripheral neuropathy.  See fully developed claim from February 13, 2024.

The decision on appeal determined that the Veteran has a diagnosis of bilateral lower extremity diabetic peripheral neuropathy.  See VA (diabetic sensory-motor peripheral neuropathy) examination from September 16, 2024 (uploaded 12/28/2024).  The Board sees no reason to disturb this favorable finding and is bound by it.

The bilateral lower extremity diabetic peripheral neuropathy is secondary to the now service-connected diabetes mellitus type 2.  Service connection for bilateral lower extremity diabetic peripheral neuropathy is therefore granted on a secondary basis.

The decision on appeal denied service connection for bilateral upper extremity peripheral neuropathy.

There is no argument or indication that the Veteran has a diagnosis of bilateral upper extremity peripheral neuropathy.  Rather, a September 2024 VA examination for peripheral nerves conditions indicates that the Veteran reported symptoms on his lower extremities and the examination report shows only a diagnosis of bilateral lower extremity diabetic peripheral neuropathy.  The Board further notes that, in his claim, the Veteran referenced peripheral neuropathy without specifying specific extremities.  Furthermore, at the Board hearing, did not reference any symptoms in the upper extremities.  As there is no competent evidence that the Veteran has a current diagnosis/disability of bilateral upper extremity peripheral neuropathy, service connection is denied.

10. Service connection for diabetic nephropathy is granted.

The Veteran seeks service connection for a kidney disability.  See fully developed claim from February 13, 2024.

The decision on appeal determined that the Veteran has a diagnosis of diabetic nephropathy.  See VA (kidney conditions (nephrology)) examination from September 16, 2024 (uploaded 12/28/2024).  The Board sees no reason to disturb this favorable finding and is bound by it.

(Continued on the next page)

?

The diabetic nephropathy is secondary to the now service-connected diabetes mellitus type 2.  Service connection for bilateral lower extremity diabetic peripheral neuropathy is therefore granted on a secondary basis.  38 C.F.R. § 3.310(a). 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. López, 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.