Citation Nr: 20005576
Decision Date: 01/23/20	Archive Date: 01/23/20

DOCKET NO. 17-39 194
DATE: January 23, 2020

REMANDED

Entitlement to service connection for prostate cancer is remanded. 

Entitlement to service connection for erectile dysfunction is remanded. 

Entitlement to service connection for cause of death remanded.

REASONS AND BASES FOR REMAND

The Veteran served on active duty from August 1960 to January 1968.  He received the National Defense Service Medal; Vietnam Service Medal with one bronze star; and, Vietnam Campaign Medal with device.  The Veteran died in April 2014 and the appellant is his surviving spouse.

In July 2017, the appellant requested a Travel Board hearing.  However, she subsequently withdrew this request in October 2019.

In Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019), the U.S. Court of Appeals for the Federal Circuit held that those who served in the 12 nautical mile territorial sea of the Republic of Vietnam meet the criterion of 38 U.S.C. § 1116(f) (2012) requiring service in the “Republic of Vietnam,” and therefore qualify for the statute’s presumption if they meet its other requirements.  The evidence of record is unclear as to whether the Veteran’s service with the Mine Division 33 or the U.S.S. Epping Forest involved service within the 12 nautical mile territorial sea of the Republic of Vietnam.  Accordingly, the claims are remanded for additional development.

The matters are REMANDED for the following action:

Conduct additional development to determine whether Mine Division 33 or the U.S.S. Epping Forest were within the 12 nautical mile territorial sea of the Republic of Vietnam during the time that the Veteran was assigned to each entity.  All efforts to confirm whether the ship entered the Republic of Vietnam’s territorial sea should be documented.  If it is determined that the U.S.S. Epping Forest 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.