Citation Nr: 21000316
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 16-54 821
DATE: January 5, 2021

REMANDED

Entitlement to service connection for Veteran’s cause of death is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from September 1962 to August 1964. He died in September 2015, and the appellant is his surviving spouse. 

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. The appellant testified before the undersigned Veterans Law Judge at an August 2020 hearing. 

1. Entitlement to service connection for Veteran's cause of death is remanded.

Although the Board regrets the additional delay, a remand is necessary to prior to adjudication of the appellant’s claim to ensure that there is a complete record upon which to decide the claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159.

The appellant contends that the Veteran developed ischemic heart disease and Parkinson’s disease as a result of his exposure to herbicide agents while serving aboard the U.S.S. Saint Paul from September 1962 to August 1964. The Veteran died in September 2015 of a complete heart block due to ischemic cardiomyopathy (heart disease). See June 2016 Death Certificate. The Veteran was not service connected for any disability prior to his death. 

During the pendency of this appeal, the Blue Water Navy Vietnam Veterans Act of 2019 (Blue Water Navy Act) took effect as of January 1, 2020. 38 U.S.C. § 1116A. Under the Blue Water Navy Act, a veteran who served offshore within 12 nautical miles of the Republic of Vietnam from January 9, 1962 to May 7, 1975 shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. 38 U.S.C. § 1116A(b) and (d). 

The Veteran’s military personnel records indicate the Veteran served aboard the U.S.S. Saint Paul from September 1962 to August 1964. See May 2016 Military Personnel Records. The appellant testified that the Veteran served in Vietnam and had told her that he was responsible for taking boats loaded with supplies, food, and ammunition to deliver to the Marines stationed on land in Vietnam. See August 2020 Hearing Transcript. The appellant submitted evidence that the U.S.S. Saint Paul was deployed to the western Pacific and Vietnam from January 1963 to January 1964. See August 2020 Correspondence. In addition, the appellant provided evidence that the ship was within 12 nautical miles between June 1966 to July 1970, however, this is not the time period for which the Veteran served abord the vessel. Id. 

Additional development is necessary to determine whether the U.S.S. Saint Paul was located offshore within 12 nautical miles of the Republic of Vietnam between September 1962 and August 1964. 

The matter is REMANDED for the following action:

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The AOJ should take all appropriate action to verify whether the U.S.S. Saint Paul (CA-73) traveled within in the territorial waters, i.e., 12 nautical miles of the shore, of the Republic of Vietnam from September 1962 to August 1964.

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Aubee, Associate 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.