Citation Nr: 20002341
Decision Date: 01/10/20	Archive Date: 01/10/20

DOCKET NO. 16-59 762
DATE: January 10, 2020

REMANDED

Entitlement to service connection for the cause of the Veteran's death is remanded.

Entitlement to burial benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1962 to November 1967.  He died in March 2016.  The appellant is his surviving spouse.  

This appeal to the Board of Veterans’ Appeals (Board) arose from a June 2016 decision in which the Department of Veterans Affairs (VA) Regional Office (RO) denied the appellant’s claim for service connection for the cause of death.  

Regarding the appellant’s claim for service connection for the cause of the Veteran’s death, the Board notes that the Veteran served aboard the USS George K. Mackenzie during the Vietnam War.  The Veteran's personnel records show that he re-enlisted at sea, giving the coordinates as 15 degrees 49 minutes north 108 degrees 30 minutes east.  Although this places the Veteran's ship in the general vicinity of the coast of the Republic of Vietnam, the Board does not have enough information at this time to determine if the Veteran's ship was in the territorial waters of Vietnam, and thus presumed to have been exposed to herbicides.  As such, remand is warranted so that the AOJ may fully develop the claim.

Finally, because a decision on the remanded issue of entitlement to service connection for the cause of the Veteran's death could significantly impact a decision on the issue of entitlement to burial benefits, the issues are inextricably intertwined.  A remand of the claim for service connection for burial benefits is required.

The matters are REMANDED for the following action:

1. Attempt to verify the Veteran’s asserted in-service exposure to herbicide agents, to include determining if the USS George K. Mackenzie was within the territorial waters of Vietnam while the Veteran was aboard.  If more details are needed, contact the appellant to request the information.  If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the appellant and notify the appellant of VA's inability to verify the in-service herbicide agent exposure.

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2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Uller

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.