NAM VETS ANSWER QUESTIONS

 

If you were stationed in Thailand, there have been some cases in which service connection has been granted for herbicide exposure in Thailand while these cases are rare it has been done. here is an example of such a case.

Citation Nr: 0301935
Decision Date: 01/31/03 Archive Date: 02/07/03

DOCKET NO. 94-02 864 )
In this case the board found that :
" there is some conflict in
the evidence as to whether, in fact, the veteran served on
active duty within the geographical boundaries of the
Republic of Vietnam. There is, on one hand, a notation in
the veteran's Department of Defense Form 214 (DD 214), Report
of Transfer or Discharge, indicating that he did not serve in
Vietnam, although service in Indochina is therein indicated.
There is also irrefutable evidence that the veteran served in
Thailand for an extended period, based on entries in service
medical records, and it is noted that he offers credible
testimony that he was involved in the transport, as well as
the loading of trucks and aircraft, with tanks of defoliants
and was assigned the duty to spray a defoliant in areas
surrounding his barracks at his base camp in Thailand. Such
is not inconsistent with his documented military occupational
specialty of vehicle operator and dispatcher. As well, his
DD 214 denotes receipt of the Vietnam Service Medal and
Vietnam Campaign Medal, and while such medals were awarded to
personnel who did not physically serve in Vietnam, those
persons on ships directly supporting military operations or
aircrew members who actually participated in one or more
aerial flights directly supporting military operations were
eligible for those medals. Inasmuch as the veteran's
specific duty assignments cannot be verified through his
service personnel records, for which he bears no
responsibility, and inasmuch as there is an approximate
balance of positive and negative evidence regarding the
question as to whether the veteran served in Vietnam, the
undersigned gives the veteran the benefit-of-the-doubt, as
required by 38 U.S.C.A. § 5107, and concludes that the
veteran is entitled to a presumption of herbicide exposure.

Based on the veteran's inservice herbicide exposure, and in
light of the medical opinion evidence, all of which links the
veteran's folliculitis and chloracne to his period of service
or an event thereof, grants of service connection for
folliculitis of the veteran's scalp and trunk, as well as
chloracne, are in order.


ORDER

Service connection for folliculitis of the scalp and trunk is
granted.

Service connection for chloracne, due to herbicide exposure,
is granted.


LAWRENCE M. SULLIVAN
Member, Board of Veterans' Appeals"

 

 

 

 

 

 

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