Citation Nr: 20008075 Decision Date: 01/31/20 Archive Date: 01/30/20 DOCKET NO. 16-35 353A DATE: January 31, 2020 REMANDED Service connection for a heart disorder, to include ischemic heart disease and coronary artery disease, as secondary to toxic herbicide exposure is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1969 to May 1971. 1. Entitlement to service connection for a heart disorder, to include ischemic heart disease and coronary artery disease, as secondary to toxic herbicide exposure The Veteran is seeking service connection for his currently diagnosed ischemic heart disease, which is a disease listed under the toxic herbicide presumption list. It is his primary argument that he was in the Republic of Vietnam, and was exposed to toxic herbicides at that time. He specifically asserts that he was physically present in the Republic of Vietnam during a layover in Da Nang. However, as is most pertinent here, the record indicates that that the Veteran served on board USS CONSTELLATION (CVA-64), which toured Southeast Asia for 6 months in support of military operations in Vietnam. On July 1, 2019, the Secretary of Veterans Affairs directed the Board of Veterans’ Appeals (Board) to stay adjudication of all cases which may be affected by the Blue Water Navy Vietnam Veterans Act of 2019 (the Act), until the effective date of the Act, January 1, 2020. The Act created new statutory requirements for the adjudications of certain claims based on veterans’ herbicide agent exposure in, among other places, the offshore waters of the Republic of Vietnam during the period from January 9, 1962, to May 7, 1975. The issue on appeal was potentially affected by the Act and were stayed in the Board’s September 2019 decision. The stay having been lifted, these issues are now properly before the Board. See also Procopio v. Wilkie, 913 F.3d 1371, 1379 (Fed Cir. 2019). Additionally, diseases that are presumed to be related to toxic herbicide exposure include ischemic heart disease. See 38 C.F.R. §§ 3.307, 3.309. In this case, the Board notes that although the National Personnel Records Center and AOJ determined that the Veteran did not have service ashore or in the inland water ways of Vietnam, no findings were made as to whether CONSTELLATION was within the territorial waters of Vietnam. While the Veteran has submitted deck logs from December 1969 which may establish presence in the territorial waters, these logs are not legible. Nevertheless, this evidence, in conjunction with the Veteran’s statement, raises the reasonable possibility that either ship may have conducted operations within the 12 nautical miles of Vietnam during the Veteran’s period of service. Therefore, on remand, the RO should determine whether this is the case. The Board understands the November 2019 argument by the Veteran’s representative that this development is unnecessary, and that this issue should never have been stayed. However, this is contradicted by the fact that deck logs are already of record. Therefore, the argument having been raised, it would be prejudicial to the Veteran to not develop this evidence further. Regardless, the Veteran may still submit evidence in support related to his asserted presence in Da Nang as well.   The matters are REMANDED for the following action: 1. Obtain all documentation deemed necessary to determine whether the USS CONSTELLATION (CVA-64) was in the territorial waters of the Republic of Vietnam for the Veteran’s relevant period of service. Such documentation may include, but is not limited to, deck logs, ship histories and the Veteran’s statements. 2. The RO should undertake any additional development necessary related to the Veteran’s assertions of being physically present in the Republic of Vietnam. 3. After this and any other development deemed necessary by the RO is complete, the appeal should be readjudicated. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. McGee, Associate Counsel