Citation Nr: 20021914 Decision Date: 03/27/20 Archive Date: 03/27/20 DOCKET NO. 10-07 714 DATE: March 27, 2020 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty in the Navy from June 1952 to June 1956 and from May 1957 to December 1972. He died in November 2008. The appellant is his surviving spouse. The appellant testified at a May 2013 Board videoconference hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is associated with the claims file. The Board previously remanded this case for additional development in August 2013, December 2014, and November 2016. Unfortunately, another remand is required for further development. 1. Entitlement to service connection for the cause of the Veteran's death is remanded. During his lifetime, the Veteran consistently reported he was exposed to herbicides during his Vietnam era service. In April 2008, he stated that he was not on land in Vietnam but was on helicopters that picked up dead and wounded men in Vietnam. He stated that he was in the head of the bubble of the helicopter with his head sticking out. Other statements, however, suggest that he did in fact deplane while assisting in the transport of the injured and dead. In April 2009, the appellant stated that the Veteran flew over and into Vietnam, making numerous landings, to take pictures of combat action and ceremonial award presentations. In 2016, the Board determined that based on these statements and the details of the Veteran’s service indicating possible service in Vietnam, further development was required to determine if he had qualifying service in Vietnam for the purposes of presumptive service connection. On June 25, 2019, the President signed the Blue Water Navy Vietnam Veterans Act of 2019. The law extended the presumption of herbicide exposure to Veterans with service in the offshore waters of Vietnam. The record indicates that the Veteran served on the USS VALLEY FORGE (CV-45) during the Vietnam era; however, the proximity of this ship to the offshore waters of Vietnam is unclear based upon the evidence in the file. The Board will remand for efforts to obtain any evidence of blue water service to help establish a presumption of herbicide exposure. Additionally, the record also demonstrates that Veteran was assigned to Patrol Squadron 9 (VP-9) and Patrol Squadron 46 (VP-46), both of which deployed in support of operations in the Vietnamese theater. The Board notes that the Veteran was assigned to Patrol Squadron 9 from August 1965 to October 1968 and to Patrol Squadron 46 from October 1970 to December 1972 during his period of service. Previous contact with the Joint Services Records Research Center (JSRRC) indicated the activities of these Squadrons (VP- 9) in (1967-1968) and VP 46 (1969-1970); however, this research did not address the Veteran’s service with VP-9 from August 1965 to December 1966 or from January 1968 to October 1968 or any of his service with VP-46 as the Veteran began serving with the unit in October 1970 until December 1972. The Board finds that additional development must be conducted to determine potential exposure to herbicides during these periods. The matters are REMANDED for the following action: 1. Undertake appropriate action to determine whether any ship the Veteran served upon, including the USS VALLEY FORGE (CV-45) from January 1962 to November 1963 were in the 12 nautical mile territorial sea of the Republic of Vietnam. 2. Undertake appropriate action to send a request to the Joint Services Records Research Center (JSRRC), Naval Historical Center, and/or other appropriate repository in an effort to determine whether Patrol Squadron 9, or any detachment thereof, conducted missions in the Republic of Vietnam between August 1965 to December 1966; and whether Patrol Squadron 46, or any detachment thereof, conducted missions in the Republic of Vietnam between October 1970 until December 1972. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P.M. Johnson, 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.