UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
RITA SMITH,APPELLANT, V. ROBERT L.WILKIE, SECRETARY OF VETERANS AFFAIRS,APPELLEE.
Before TOTH, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
TOTH, Judge: Army veteran Luis Smith, Jr., served in Korea in 1968 and 1969. He died from a form of leukemia in July 2008, and his wife, Rita Smith, filed a claim for dependency and indemnity compensation benefits (DIC) shortly thereafter. She appeals a September 2017 Board decision denying entitlement to those benefits. Ms. Smith alleges that her late husband was exposed to Agent Orange while serving in Korea and that his leukemia resulted from that exposure. Critical to this appeal is VA’s regulation governing presumptive exposure to herbicides. Veterans who served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area in which herbicides are known to have been applied during that period, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. 38 C.F.R. § 3.307(a)(6)(iv) (2019). The Board concluded that the presumption did not apply for two reasons. The first was because the veteran’s unit was not on the Department of