Citation Nr: 20006288 Decision Date: 01/24/20 Archive Date: 02/20/20 DOCKET NO. 17-04 701 DATE: January 24, 2020 REMANDED Entitlement to service connection for multiple myeloma due to Agent Orange (AO) exposure, asbestos exposure or ionizing radiation exposure is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from February 1966 to November 1969. The Veteran passed away in August 2017. The appellant is the Veteran’s surviving spouse. A June 2018 letter indicates that the appellant is the appropriate substitute for the Veteran’s claim of entitlement to service connection for multiple myeloma, which was pending at the time of his death. 1. Multiple Myeloma The appellant claims that the Veteran’s multiple myeloma is due to exposure to Agent Orange while serving aboard the USS Sterlet. If the veteran was exposed to an herbicide agent (to include AO) during active service, multiple myeloma shall be service-connected if the requirements of 38 C.F.R. § 3.307 (a)(6) are met, even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. A veteran who, during active military, naval, or air service, served in the Republic of Vietnam between January 9, 1962 and May 7, 1975 is presumed to have been exposed to an herbicide agent if a listed chronic disease manifests to a degree of 10 percent disabling or more, unless there is affirmative evidence to the contrary. 38 C.F.R. § 3.307 (a). Service in the Republic of Vietnam includes service within the 12 nautical mile territorial sea of the Republic of Vietnam. See 38 U.S.C. § 1116; 38 C.F.R. § 3.309(e); Procopio v. Wilkie, 913 F.3d 1371, 1380-81 (Fed. Cir. 2019). The evidence of record reveals that the USS Sterlet was located within the Gulf of Tonkin along the Vietnam border in October and November 1966. As such, a remand is necessary for further development to determine if the USS Sterlet was within the 12 nautical mile territorial sea which would entitle the appellant to a grant of presumptive service connection based on herbicide exposure. The matters are REMANDED for the following action: 1. Request that National Archives, Joint Services Records Research Center (JSRRC) or other appropriate repository, investigate and attempt to verify the location of the USS Sterlet (SS-392) from October to November 1966. The request to the National Archives, JSRRC or other appropriate sources should be for deck logs from October 1966 to November 1966 for the USS Sterlet (SS-392). Upon receipt, associate the deck logs with the electronic claims file. If the search for corroborating information leads to negative results, notify the appellant of this fact; explain the efforts taken to obtain this information, and describe any further action to be taken. If the record lacks sufficient information for verification purposes, such should be noted in a formal finding. 2. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraph, the appellant's claim should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, furnish the appellant a statement of the case and return the case to the Board. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. A. Prinsen 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.