Citation Nr: 20003683
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 16-22 417
DATE: January 16, 2020

REMANDED

Entitlement to service connection for chronic lymphocytic leukemia (leukemia), to include as due to exposure to herbicides, is remanded.

Entitlement to service connection for prostate cancer, to include as due to exposure to herbicides, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1962 to June 1966. 

This case comes before the Board of Veterans’ Appeals (Board) on appeal of June 2013 and September 2015 rating decisions by the Department of Veterans Affairs (VA) Regional Office in North Little Rock, Arkansas.

The Veteran contends that he had service in Vietnam and in the Gulf of Tonkin and South China Sea surrounding Vietnam and was thus exposed to herbicides while serving on the USS Oriskany and while on temporary duty during the Vietnam era. According to his military personnel records, he was assigned to the USS Oriskany from May 1963 to January 1964. Further, he was assigned a temporary 10-month duty beginning in January 1964 where he reported to Naval Air Technical Training Unit, NAS, Lakehurst, New Jersey. 

In a September 2012 Statement in Support of Claim, the Veteran stated that he served on the USS Oriskany CVA-34 in the weather office located on flight deck island and served two tours aboard the USS Oriskany where he believed he was exposed to Agent Orange. A remand is required for additional development to determine the Veteran’s service, including in Vietnam or in the 12 nautical mile territorial sea of the Republic of Vietnam. 

The matters are REMANDED for the following actions:

1. Contact the appropriate records repository including, but not limited to, the Joint Services Records Research Center, the National Personnel Records Center, the Records Management Center, and any other appropriate location to:

a) Verify the exact nature of the Veteran’s duties and service during his periods of active duty; whether the Veteran had additional periods of service in Vietnam; and a full list of the medals and decorations received for his military service;

(b) Obtain any outstanding military personnel records in order to verify the Veteran’s dates of service onboard the USS Oriskany (CVA-34); and

(c) Obtain the deck logs, command history, and any other historical reports for the USS Oriskany (CVA-34) that specifically correspond to the dates of the Veteran’s service, to verify the nature of the ship’s deployments outside the continental United States, including its operations in the Gulf of Tonkin and South China Sea.

2. Then, issue a formal finding regarding the likelihood that the Veteran served either on the landmass of the Republic of Vietnam or within the 12 nautical mile territorial sea of the Republic of Vietnam during his service onboard the USS Oriskany (CVA-34) or at any time during his active service, particularly between 1963 to 1964 and in 1966. Associate the report of this determination with the claims file.

3. After undertaking any additional development following completion of the above actions, readjudicate the claim.  

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Alexis B. Markeson, 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.