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http://www.va.gov/vetapp16/Files5/1639903.txt
Citation Nr: 1639903 Decision Date: 09/30/16 Archive Date: 10/13/16DOCKET NO. 09-23 247 ) DATE ) )On appeal from theDepartment of Veterans Affairs Regional Office in Muskogee, OklahomaTHE ISSUES1. Entitlement to service connection for type II diabetes mellitus, to 2. Entitlement to service connection for a cardiovascular disorder (to 3. Entitlement to service connection for a neurological or other disor REPRESENTATIONVeteran represented by: Dale K. Graham, AgentWITNESSES AT HEARING ON APPEALThe Veteran and his spouseATTORNEY FOR THE BOARDPaul S. Rubin, CounselINTRODUCTIONThe Veteran had active duty service in the United States Army from SeptThis matter comes before the Board of Veterans' Appeals (Board) on appe This appeal was processed using Virtual VA and the Veterans Benefits MaIn March 2011, the Veteran and his spouse presented testimony at a Tra In August 2012, January 2014, and October 2015, the Board remanded the In a November 2015 statement, the Veteran requested a copy of his clai This appeal has been advanced on the Board's docket pursuant to 38 C.F.
 
In the present decision, the Board will adjudicate the issues of servic FINDINGS OF FACT1. The Veteran did not have service, or other duty or visitation, in t 2. The Veteran's diabetes mellitus, cardiovascular disorder, and cerebCONCLUSIONS OF LAW1. Type II diabetes mellitus was not incurred in active service, nor 2. A cardiovascular disorder (to include hypertension) and a cerebrovaREASONS AND BASES FOR FINDINGS AND CONCLUSIONSI. VA's Duty to Notify and AssistThe Veterans Claims Assistance Act of 2000 (VCAA), in part, describes For the service connection issues on appeal for type II diabetes mellit Accordingly, the Veteran has received all required notice in this case With respect to the duty to assist, the RO has secured the Veteran's seThe Veteran was also afforded a VA examination and opinion in June 2015 The Board acknowledges that no medical examination has been conducted a The AOJ attempted to confirm the Veteran's alleged herbicide exposure o VA's duty to assist includes obtaining records of VA medical treatment With regard to the Veteran's Social Security Administration (SSA) recor With regard to the previous August 2012, January 2014, and October 2015 Moreover, for both service connection issues on appeal, neither the VetThe Board is therefore satisfied that the RO has provided all assistanc II. Service ConnectionService connection may be granted for a disability resulting from disea In the present case, diabetes mellitus and arteriosclerosis (coronary aService connection for certain enumerated diseases, such as diabetes me
 
In addition, for chronic diseases listed in 38 C.F.R. § 3.309(a)-such The law also provides that diseases associated with exposure to certain The following disorders are associated with herbicide exposure for purpTo warrant service connection based on herbicide exposure, type II diabVA is to give "due consideration" to "all pertinent medical and lay eviThat is, lay evidence can also be competent and sufficient evidence of In short, when considering whether lay evidence is competent the Board For instance, a layperson is competent to identify such disorders as vaTherefore, the Board must assess the competence and credibility of lay The Federal Circuit has held that the Board can favor competent medical In determining whether service connection is warranted, the Board shall A. Type II Diabetes MellitusThe Veteran contends that he was exposed to Agent Orange or other herbiUpon review of the evidence of record, the Board finds that service conThe existence of a current disability is the cornerstone of a claim for The presumption of service connection requires exposure to an herbicide However, with regard to presumptive service connection, the Veteran's SHowever, the presumption of service connection for herbicide-related diIn essence, if the veteran did not serve in Vietnam during the Vietnam In this vein, the Board must determine, as a question of fact, both the Upon review of the evidence, exposure to herbicides has not been establIn short, the Veteran offers no direct evidence that he was actually exIn contrast, there is no probative or confirmatory evidence the Veteran A June 2015 Formal Finding Memorandum from the JSRRC coordinator detail In sum, there is simply no credible, reliable evidence of record of the This does not, however, preclude the Veteran from establishing entitle With regard to direct service connection, as to in-service evidence, t

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