CORONARY ARTERY DISEASE

Summary

The veteran, a veteran who served from April 1974 to January 1978, including service in the Republic of Vietnam, appeals the denial of service connection for coronary artery disease. The veteran asserts that his condition is due to herbicide exposure during service and should be granted on a presumptive basis. The Board reviewed evidence including private and VA medical records from October 2016 and March 2023, which confirmed a diagnosis of coronary artery disease. The RO had previously found favorable service in the Republic of Vietnam within 12 nautical miles of shore, which is binding. A Toxic Exposure Risk Activity (TERA) Memorandum from December 2024 indicated exposure to Agent Orange and possibly asbestos. Under 38 C.F.R. § 3.309(e), ischemic heart disease, including coronary artery disease, is presumptively associated with herbicide exposure. Given the favorable findings of Vietnam service, the TERA memorandum, and the presumptive link between herbicide exposure and coronary artery disease, the Board granted service connection. The decision noted that some evidence submitted after the AOJ decision was not considered due to procedural rules, and advised the veteran to file a Supplemental Claim for that evidence.

Rationale

Veteran served in Republic of Vietnam during Vietnam Era; Presumptive exposure to herbicide agents under 38 C.F.R. § 3.309(e); Ischemic heart disease, including coronary artery disease, is presumptively associated with herbicide exposure

Full Decision Text

Citation Nr: A26028937
Decision Date: 03/31/26	Archive Date: 03/31/26

DOCKET NO. 210504-157130
DATE: March 31, 2026

ORDER

Entitlement to service connection for coronary artery disease is granted.

FINDINGS OF FACT

1. The Veteran served in the Republic of Vietnam during the Vietnam Era and was therefore presumptively exposed to herbicide agents.  

2. The Veteran's ischemic heart disease is related to exposure to herbicide agents during active service.

CONCLUSION OF LAW

The criteria for service connection for coronary artery disease have been met. 38 U.S.C. §§ 1110, 1112, 1113, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309(e).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1974 to January 1978, including in the Republic of Vietnam.  This matter is before the Board of Veterans' Appeals (Board) from a September 2020 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

In the March 4, 2021 Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on October 18, 2024.  Therefore, the Board may only consider the evidence of record at the time of the September 2020 agency of original jurisdiction (AOJ) 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). Evidence was submitted during the period after the AOJ issued the decision on appeal and prior to the Board hearing and more than 90 days following the hearing. The Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, he 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 claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Entitlement to service connection coronary artery disease is granted.

The Veteran is of the position that he has coronary artery disease as a result of his active service.  Moreover, he asserts that he was exposed to herbicide agents in service and should therefore be granted service connection for the claimed condition on a presumptive basis.

Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by service.  38 U.S.C. § 1131; 38 C.F.R. § 3.303. Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service.  38 C.F.R. § 3.303(d).

Generally, in order to prove service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury.  Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). 

VA regulations provide that a veteran who had active military, naval, or air service in the Republic of Vietnam during the Vietnam Era shall be presumed to have been exposed to herbicides unless there is affirmative evidence to establish that the veteran was not exposed.  38 C.F.R. § 3.307(a)(6)(iii).  This presumption extends to veterans who served offshore of the Republic of Vietnam during that period.  38 U.S.C. § 1116A(a).  VA shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia.  38 U.S.C. § 1116A(d).  

The Veteran submitted private and VA medical records within 90 days of his hearing, including a March 2023 medical record which states that the Veteran has a history of coronary artery disease based on an October 2016 medical record.
. § 3.307(a)(6)(iii).  This presumption extends to veterans who served offshore of the Republic of Vietnam during that period.  38 U.S.C. § 1116A(a).  VA shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia.  38 U.S.C. § 1116A(d).  

The Veteran submitted private and VA medical records within 90 days of his hearing, including a March 2023 medical record which states that the Veteran has a history of coronary artery disease based on an October 2016 medical record. An August 2023 VA medical record reflects the same diagnosis.  

The RO, in the September 2020 rating decision, found that the evidence shows that the Veteran performed service in the Republic of Vietnam, within 12 nautical miles from shore.  This is a favorable finding and favorable findings made by the agency of original jurisdiction (AOJ) are binding on all AOJ adjudicators as well as on the Board.  38 U.S.C. 5104A; 38 C.F.R. 20.801. 

The evidence includes a December 2024 Toxic Exposure Risk Activity (TERA) Memorandum which indicates that the Veteran was exposed to the herbicide agent, Agent Orange, during active service.  It was also noted that he was possibly exposed to asbestos during service.  The conclusion was that the Veteran participated in a TERA. 

Certain diseases are deemed associated with herbicide exposure under current law.  The list of those diseases includes ischemic heart disease, which is defined as including coronary artery disease.  38 C.F.R. § 3.309(e).   The Veteran has a current diagnosis of coronary artery disease.  The Board therefore finds that the Veteran's coronary artery disease is presumptively service-connected due to his exposure to herbicide agents.  Accordingly, service connection for coronary artery disease is granted.

 

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sanders, Danielle A.

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.