Citation Nr: 20022460 Decision Date: 03/31/20 Archive Date: 03/31/20 DOCKET NO. 17-53 914 DATE: March 31, 2020 REMANDED The claim of entitlement to service connection for ischemic heart disease is remanded. The claim of entitlement to service connection for diabetes mellitus is remanded. The claim of entitlement to service connection for hypertension is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1966 to August 1968. This appeal is from a January 2016 rating decision. In January 2020, the Veteran had a personal hearing before the undersigned VLJ. 1. The claim of entitlement to service connection for ischemic heart disease is remanded. 2. The claim of entitlement to service connection for diabetes mellitus is remanded. The Veteran asserts that he was exposed to herbicides while serving aboard the USS Cone. He reports that he anchored in the gun line, and was within 1000 yards from shore at that time. He has submitted a map and coordinates of the USS Cone’s location while he was on duty. The Board finds that it cannot make a determination based on the evidence of record. The presumption of exposure to herbicides has been extended to an area comprised of the 12 nautical miles immediately offshore of the Republic of Vietnam. Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019). Up to now, no development has been done for a determination of whether the Veteran was stationed within 12 nautical miles offshore. This shall be achieved on remand. 3. The claim of entitlement to service connection for hypertension is remanded. The Veteran asserts that his hypertension is secondary to either his diabetes or his ischemic heart disease. Accordingly, this claim is inextricably intertwined with those two claims. The matters are REMANDED for the following action: 1. Make the appropriate information requests for a determination as to whether the Veteran served on a ship or vessel that was within 12 nautical miles offshore of the Republic of Vietnam. The Board notes that the Veteran has submitted maps and coordinates of the location of the USS Cole to assist in that determination. 2. If the Veteran is confirmed to have served within the 12 nautical miles offshore of the Republic of Vietnam, then associate updated VA treatment records with the claims file and schedule an appropriate examination for an opinion on whether it is as likely as not (50/50 probability or greater) that the Veteran’s hypertension is caused or aggravated by the Veteran’s ischemic heart disease or diabetes. (“Aggravated” means to cause any increase in severity beyond the normal progression of the disability, and it need not be permanent.) The examiner is also asked to provide an opinion as to whether hypertension was caused by herbicide exposure. All opinions must be supported with explanation. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Gibson 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.