Citation Nr: 20006807 Decision Date: 01/27/20 Archive Date: 01/27/20 DOCKET NO. 15-35 655 DATE: January 27, 2020 REMANDED The application to reopen the claim for entitlement to service connection for trigeminal neuralgia, to include as due to herbicide exposure is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1961 to April 1966. The application to reopen the claim for entitlement to service connection for trigeminal neuralgia, to include as due to herbicide exposure is remanded. The Veteran’s claim for service connection for trigeminal neuralgia was denied by the Board in March 2014. See March 2014 Decision. The Veteran did not file an appeal and therefore the Board decision is final. 38 U.S.C. § 7104; 38 C.F.R. § 3.156(b). Since that final decision, the Veteran has filed an application to reopen the claim and submitted additional evidence. That evidence includes his testimony before the undersigned regarding exposure to herbicide while aboard the U.S.S. Ticonderoga in the official waters of the Republic of Vietnam. See August 2018 Hearing Transcript. In support of his claim, the Veteran submitted evidence regarding exposure to herbicide while serving in the official waters of the Republic of Vietnam. See August 2018 Committee Report. He also submitted a magazine article regarding another Veteran. See December 2014 Magazine Article. The Board is cognizant of the recent holding in Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019), construing the statutory term “service in the Republic of Vietnam” to include service in the territorial sea of that nation. While the Veteran’s assertions of exposure to herbicide were previously considered by the Board in March 2014, the change in interpretation of “service in the Republic of Vietnam” causes the Veteran’s August 2018 statements to potentially relate favorably to a previously unestablished element of the claim, in-service exposure to herbicide. The Veteran’s testimony at a hearing before the undersigned regarding his service aboard the U.S.S. Ticonderoga in the official waters of the Republic of Vietnam may be considered an in-service exposure to herbicide if the Veteran is considered to have had qualifying service in the country of Vietnam, pursuant to 3.307(a)(6)(iv); Procopio, 913 F.3d at 1380-81. The Veteran has not asserted that he went ashore or that he transited the inland waterways of the Republic of Vietnam, and there is insufficient evidence of record to determine whether, at any point during his service aboard the U.S.S. Ticonderoga, the ship was within the 12 nautical mile territorial sea of Vietnam while he was aboard. Accordingly, on remand, the RO should conduct appropriate development (such as obtaining deck logs, ship logs, or any other documents detailing the movements and operations of the U.S.S. Ticonderoga during the Veteran’s service period) to determine whether the Veteran is considered to have served in the Republic of Vietnam, such that herbicide agent exposure can be presumed. The matters are REMANDED for the following action: 1. Take appropriate steps to attempt determine whether, at any point during the Veteran’s service aboard the U.S.S. Ticonderoga from 1964 to 1966 the vessel was in the 12 nautical mile territorial sea of the Republic of Vietnam based on deck logs, ship logs, or any other documents detailing the movements and operations of the vessel. If more details are needed, contact the Veteran to request the information. 2. After aforementioned development has been completed, issue a formal finding outlining the steps taken to verify herbicide agent exposure based on qualifying service in the country of Vietnam and also notify the Veteran prior to readjudication of the appeal. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Trickey 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.