Citation Nr: 20004450 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 17-35 556 DATE: January 21, 2020 REMANDED Service connection for residuals of prostate cancer, to include erectile dysfunction, is remanded. REASONS FOR REMAND The Veteran had active service from July 1966 to May 1968. 1. Service connection for residuals of prostate cancer, to include erectile dysfunction The Veteran contends that his prostate cancer and the residuals, to include erectile dysfunction, are due to herbicide exposure while he served offshore the Republic of Vietnam. Remand is required to ensure there is a complete record on which to decide the Veteran’s claim. In Procopio v. Wilkie, the Court of Appeals for Veterans Claims, construing the statutory term “service in the Republic of Vietnam” to include service in the territorial sea of that nation, held that veterans who “served in the 12 nautical mile territorial sea of the ‘Republic of Vietnam’“ are entitled to presumptive service connection under 38 U.S.C. § 1116, so long as they meet the section’s other requirements. Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019). The Blue Water Navy Vietnam Veterans Act of 2019, codified at 38 U.S.C. § 1116A, became effective January 1, 2020. The Act allows diseases associated with exposure to certain herbicide agents used in support of military operations in the Republic of Vietnam that became manifest in a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, to be considered to have been incurred in or aggravated by such service. The Veteran’s military personnel record shows he was stationed on the U.S.S. Shasta from July 1966 to November 1967. He was stationed on the U.S.S. Shasta again from January 1968 until his discharge in May 1968. He received a Meritorious Unit Commendation Ribbon for meritorious service from November 3, 1966 to April 16, 1967 for logistic support of combat operations in Southeast Asia while aboard U.S.S. Shasta. There are partial deck logs of record showing the U.S.S. Shasta in the Gulf of Tonkin and the South China Sea. The Veteran has stated that the U.S.S. Shasta operated between Yankee Station and Subic Bay in the Philippines and supplied munitions to other ships throughout the region. The Veteran has submitted maps purporting to show that the U.S.S. Shasta was located within 24 nautical miles of the shoreline of Vietnam when he was aboard. In light of the foregoing, the Board finds that remand of the claim on appeal is warranted to determine whether the Veteran was exposed to herbicides during his service. In particular, the Board cannot determine whether the Veteran’s service aboard the U.S.S. Shasta was within 12 nautical miles of the shores of the Republic of Vietnam. The matters are REMANDED for the following action: 1. Pursuant to Procopio v. Wilkie and 38 U.S.C. § 1116A, complete all necessary development to determine whether the Veteran was exposed to herbicides based on service in the Republic of Vietnam. 2. Readjudicate the claim. If any of the benefits sought remain denied, issue an appropriate supplemental statement of the case and provide the appellant and his representative with the requisite period to respond. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Morse 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.