Citation Nr: 20021422 Decision Date: 03/25/20 Archive Date: 03/25/20 DOCKET NO. 15-30 266 DATE: March 25, 2020 REMANDED Entitlement to service connection for ischemic heart disease is remanded. Entitlement to service connection for residuals of a stroke is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1971 to April 1975, and from July 1980 to April 1983. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico, which denied service connection for ischemic heart disease and residuals of a stroke. The Veteran’s notice of disagreement (NOD) was received by VA in August 2013. Following the issuance of a Statement of the Case (SOC) in June 2015, the Veteran submitted a timely appeal, VA Form 9, in August 2015. In connection with his appeal, the Veteran requested and was scheduled for a Board videoconference hearing, to be held in April 2019. Although the Veteran was notified of the time and date of the hearing in a March 2019 letter, he failed to appear. Absent an explanation or request for postponement, the case will be processed as if the hearing request was withdrawn. 38 C.F.R. § 20.704(d). 1. Entitlement to service connection for ischemic heart disease is remanded. 2. Entitlement to service connection for residuals of a stroke is remanded. The Veteran contends that his ischemic heart disease is the result of his exposure to Agent Orange while serving aboard the U.S.S. New Orleans in the waters off Vietnam. He also contends that he suffered a stroke as a result of his Agent Orange-related heart disease. VA regulations provide that, if a veteran was exposed to an herbicide agent such as Agent Orange during active service, certain enumerated diseases shall be service connected if the requirements of 38 U.S.C. § 1116, 38 C.F.R. § 3.307 (a)(6)(iii) are met, even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of 38 U.S.C. § 1113; 38 C.F.R. § 3.307(d) are also satisfied. 38 C.F.R. § 3.309(e). The enumerated diseases which are deemed to be associated with herbicide agent exposure include ischemic heart disease which includes, but is not limited to: acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease, coronary spasm, and coronary bypass surgery; and stable, unstable, and Prinzmetal’s angina. The clinical evidence in this case clearly reflects that the Veteran is currently diagnosed with coronary artery disease, status post three vessel coronary artery bypass graft in September 2012; congestive heart failure; and ischemic cardiomyopathy. He was also diagnosed as having an ischemic stroke in September 2012, and clinical records reflect a cardioembolic etiology. As to in-service herbicide agent exposure, in June 2013, the service department responded that they were unable to determine whether the Veteran had in-country service in the Republic of Vietnam. His personnel records reflect service aboard the U.S.S. New Orleans and the U.S.S. Tripoli. The service department indicated that the Veteran was in the “contiguous waters” of Vietnam from August to October 1972, but they were unable to verify any in-country service. At the time the RO last considered the Veteran’s claim, the presumption of exposure to herbicide agents provided under 38 U.S.C. § 1116 was extended only to those Vietnam Veterans who served on the landmass or inland waterways of the Republic of Vietnam. Since that time, in Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019), the U.S. Court of Appeals for the Federal Circuit has held that “service in the Republic of Vietnam” under section 1116 includes service in the 12 nautical mile territorial sea of the Republic of Vietnam. Congress thereafter enacted the Blue Water Navy Vietnam Veterans Act of 2109, Pub. L. 116-23 (codified at 38 U.S.C. § 1116A9(c)) to codify the holding in Procopio. This legislation became effective January 1, 2020. The Board finds that the evidence of record is currently insufficient to confirm whether the Veteran served in the 12 nautical mile territorial sea of the Republic of Vietnam, and thus, is presumed to have been exposed to herbicide agents. These matters therefore must be remanded for the agency of original jurisdiction (AOJ) to undertake further development. The matters are REMANDED for the following action: Undertake the necessary development to determine whether the Veteran served within the 12 nautical mile territorial sea of Vietnam during his active duty, including during his tour of duty aboard the U.S.S. New Orleans and U.S.S. Tripoli. K. Conner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. K. Buckley, 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.