Citation Nr: 20003322 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 17-08 551 DATE: January 14, 2020 ORDER Service connection for the cause of the Veteran’s death is granted. FINDING OF FACT 1. The Veteran’s death was caused by cardiopulmonary arrest, acute myocardial infarction, congestive heart failure, and chronic obstructive pulmonary disease (COPD). 2. The Veteran’s acute myocardial infarction is presumed to have been caused by in-service exposure to herbicide agents. CONCLUSION OF LAW The criteria for service connection for the cause of the Veteran’s death have been met. 38 U.S.C. §§ 1110, 1116, 5103, 5103A, 5107 (2012), Blue Water Navy Vietnam Veterans Act of 2019, Pub. L. No. 116-23, 133 Stat. 966; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 3.312 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the U.S. Navy from January 1952 to December 1955 and from December 1956 to January 1972. The Veteran died in 2016. The appellant is his surviving spouse. Entitlement to service connection for the cause of the Veteran’s death. A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, 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. The last date on which such a veteran shall be presumed to have been exposed to an herbicide agent shall be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. “Service in the Republic of Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam. 38 C.F.R. § 3.307(a)(6)(iii). Service in the Republic of Vietnam also includes service within the 12 nautical mile territorial sea of Vietnam. Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019) (en banc); see also Blue Water Navy Vietnam Veterans Act of 2019, Pub. L. No. 116-23, 133 Stat. 966. If a veteran was exposed to an herbicide agent during active service, certain diseases, to include acute myocardial infarction, shall be service connected even though there is no record of such disease during service. 38 C.F.R. § 3.309(e). The death of a veteran will be considered as having been due to a service connected disability when the evidence establishes that such disability was either the principal or a contributory cause of death. 38 C.F.R. § 3.312(a) (2018). The VA list of Navy and Coast Guard Ships Associated with Service in Vietnam and Exposure to Herbicide Agents indicates that the U.S.S. Navasota “conducted on-shore and in-port replenishment at Vung Tau, Da Nang, Mai Ong Dai” among other locations in Vietnam from June to November 1970. The Veteran’s service personnel records (SPRs) indicate that he began service on the U.S.S. Navasota on November 10, 1970. Affording the appellant the benefit of the doubt, the Board finds that the Veteran was on-shore or in-port in Vietnam and is presumed to have been exposed to herbicide agents. The Veteran’s acute myocardial infarction is, therefore, presumed to have been caused by the herbicide agents. As acute myocardial infarction was one of the causes of the Veteran’s death, service connection for the cause of his death is warranted and the claim is granted. Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. E. Miller, 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.