Citation Nr: 20002844 Decision Date: 01/14/20 Archive Date: 01/13/20 DOCKET NO. 14-38 908A DATE: January 14, 2020 REMANDED Entitlement to service connection for prostate cancer is remanded. REASONS AND BASES FOR REMAND The Veteran served on active duty from July 1969 to August 1971. He received the National Defense Service Medal and Vietnam Service Medal. In January 2019, the Veteran had a Travel Board hearing with the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. The Board notes that the claim for service connection for prostate cancer was previously denied in an unappealed rating decision dated May 2008. New and material evidence would generally be required to reopen a previously denied claim. However, if VA receives or associates with the claims file relevant official service department records that existed but were not associated with the claims file when VA first decided the claim, VA will reconsider the claim. 38 C.F.R. § 3.156(c)(1) (2019). Since the prior adjudication, deck logs from the U.S.S. Durham have been associated with the claims file. See June 2010 Military Personnel Records, pp. 1-19. Accordingly, new and material evidence is not needed, and the Board will reconsider the claim. Service Connection for Prostate Cancer The evidence of record is unclear as to whether the Veteran entered the 12 nautical mile territorial sea of the Republic of Vietnam during his active duty service. See Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019). The Veteran’s personnel records indicate that he served with the Echo Company 2nd Battalion, 9th Marines, 3rd Division beginning in July 1970, and the Echo Company 2nd Battalion, 4th Marines, 3rd Division from February 1970 to July 1970. See December 2007 Military Personnel Records, p. 34. The Veteran further notes that he served aboard the U.S.S. Durham and U.S.S. Duluth—both of which are recognized by VA as ships that docked in the Republic of Vietnam. At his January 2019 hearing, the Veteran stated that there were numerous times during his service when the ship he was on entered the waters of the Republic of Vietnam. See January 2019 Hearing Transcript, p. 7. However, it is unclear when the Veteran was present on these ships. There is insufficient evidence in the record to confirm the Veteran’s accounts; accordingly, the claim is remanded for additional development. (Continued on the next page)   The matter is REMANDED for the following action: Conduct additional development to determine whether the Echo Company 2nd Battalion, 9th Marines, 3rd Division or Echo Company 2nd Battalion, 4th Marines, 3rd Division were within the 12 nautical mile territorial sea of the Republic of Vietnam. All efforts to confirm whether the Veteran’s units entered the Republic of Vietnam’s territorial sea should be documented. If it is determined that these units did not enter the 12 nautical mile territorial sea, a memorandum detailing such findings should be associated with the claims file. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W.V. Walker, Associate Counsel 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.