FedCir; agent orange; Korea; presumption of exposure to herbicides during service for 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.” 39 U.S.C. § 3.307(a)(6)(iv); direct service connection for the same disability. See Combee v. Brown, 34 F.3d 1039, 1043–44 (Fed. Cir. 1994);

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit

ANTHONY D. MARES, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee

2020-1627

Appeal from the United States Court of Appeals for Veterans Claims in No. 18-3159, Judge Joseph L. Toth.
__________ Decided: May 10, 2021 __________
SEAN A. RAVIN, Miami, FL, for claimant-appellant. NATHANAEL YALE, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing-ton, DC, for respondent-appellee. Also represented by JEFFREY B. CLARK, MARTIN F. HOCKEY, JR., ROBERT EDWARD KIRSCHMAN, JR.; EVAN SCOTT GRANT, BRIAN D. GRIFFIN, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.
__________ Case: 20-1627 Document: 45 Page: 1 Filed: 05/10/2021
2 MARES v. MCDONOUGH
Before DYK, LINN, and O’MALLEY, Circuit Judges.
PER CURIAM.
Appellant Anthony D. Mares (“Mares”) appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Vet-erans Court”), affirming a decision of the Board of Veterans’ Appeals (“Board”), which denied his claim for entitlement to service connection for diabetes mellitus and erectile dysfunction. Mares v. Wilkie, No. 18-3159, 2019 WL 6885044 (Vet. App. Dec. 18, 2019). We dismiss for lack of jurisdiction.
I. BACKGROUND
A. Legal Framework
“During the Vietnam War, herbicides were applied near the Korean DMZ [Demilitarized Zone] from April 1968 to July 1969.” McKinney v. McDonald, 796 F.3d 1377, 1379 (Fed. Cir. 2015). Congress, by statute, and the Department of Veterans Affairs (“VA”), by regulation, have created a number of presumptions with respect to veterans’ exposure to herbicides and certain diseases or conditions associated with