Citation Nr: 18156958
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 12-10 593
DATE:	December 11, 2018
REMANDED
Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1962 to January 1968.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from June 2008 and May 2013 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois.  The Board previously remanded this case in November 2014 and September 2016.  The case has since been returned to the Board for appellate review.
On August 16, 2018, the United States Court of Appeals for the Federal Circuit (Federal Circuit) ordered the appeal of Procopio v. Wilkie, No. 17-1821 (U.S. Fed. Cir.).  The order stated that the questions before the Federal Circuit include the following: “Does the phrase ‘served in the Republic of Vietnam’ in 38 U.S.C. § 1116 unambiguously include service in offshore waters within the legally recognized territorial limits of the Republic of Vietnam, regardless of whether such service included presence on or within the landmass of the Republic of Vietnam?” As of the date of this decision, Procopio is pending. As this appeal contains at least one issue that may be affected by the resolution of Procopio, the Board will “stay” or postpone action on this matter.  Therefore, the Board’s adjudication of the issue of entitlement to service connection for gout, including due to exposure to herbicides, is stayed.

Entitlement to service connection for PTSD is remanded.
Unfortunately, another remand is required in this case.  The September 2016 Board remand required that the USS Intrepid deck logs and ship’s history should be obtained for the period of May 11, 1967 to December 30, 1967.  However, the August 1967 deck log for the USS Intrepid was not obtained, nor was there justification for the missing August 1967 deck log.  Thus, another remand is required.  
The matter is REMANDED for the following action:
Obtain the August 1967 deck log and ship’s history for the USS Intrepid from the Navy.  If there is a resource which reflects documentations of deaths aboard this vessel during that time frame, this should also be documented.  

 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Costello, Associate Counsel