Citation Nr: 21067543 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 17-30 553 DATE: November 4, 2021 ORDER Entitlement to service connection for cause of the Veteran's death is granted. FINDING OF FACT The evidence shows Veteran's principal cause of death was acute myocardial infarction due to ischemic heart disease, diagnosed as coronary artery disease, caused by presumptive exposure to herbicide agents during service in the territorial waters of the Republic of Vietnam. CONCLUSION OF LAW The criteria for service connection for the cause of the Veteran's death are met. 38 U.S.C. §§ 1310, 5107; 38 C.F.R. §§ 3.307, 3.309, 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1961 to September 1965. The Veteran died in October 2016. The Appellant is the Veteran's surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a November 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Appellant and her son testified during a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Service connection for cause of the Veteran's death The death of a veteran will be considered as having been due to a service-connected disability when the evidence establishes that such a disability was either the principal or contributory cause of death. See 38 U.S.C. § 1310; see also 38 C.F.R. § 3.312. A service-connected disability is considered the "principal" cause of death when that disability, "singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto." 38 C.F.R. § 3.312 (b). Where a veteran served for at least 90 days during a period of war and manifests certain chronic diseases, such as ischemic heart disease, which includes coronary artery disease, to a degree of 10 percent within one year from the date of termination of such service, such disease shall be presumed to have been incurred or aggravated in service, even though there is no evidence of such disease during the period of service. 38 U.S.C. §§ 1101, 1112; 38 C.F.R. §§ 3.307, 3.309 (a). For veterans who served in the Republic of Vietnam during the period starting on January 9, 1962, and ending on May 7, 1975, service connection may be granted for specific disabilities associated with exposure to herbicide agents, including ischemic heart disease or coronary artery disease. 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307 (a)(6), 3.309 (e). These disabilities will be considered to have been incurred in or aggravated by service despite any lack of evidence of such disease during service. 38 C.F.R. § 3.307 (a). Effective January 1, 2020, Congress passed the Blue Water Navy Vietnam Veterans Act of 2019, Pub. L. No. 116-23, § 2, 133 Stat. 966, 966-67, which provides that if a Veteran's service offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975 is determined to be within the 12 nautical mile territorial sea of the Republic of Vietnam, as established by various latitude and longitude points listed in the Act, then a veteran will be presumed to have been exposed to herbicide agents. 38 U.S.C. § 1116A (a)(d); Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019) (en banc). The Appellant contends that service connection for cause of death is warranted as the principal cause of the Veteran's death was acute myocardial infarction due to coronary artery disease, which is presumably related to his in-service exposure to herbicide agents in the Republic of Vietnam. For the reasons discussed below, the Board agrees with the Appellant. Here, the Veteran died in October 2016 and his death certificate lists his principal cause of death as acute myocardial infarction due to coronary artery disease. The evidence of record includes a January 2012 Personnel Information Exchange System (PIES) response that the Veteran served aboard a ship that was in the official waters of the Republic of Vietnam. The Veteran's personnel records show he served aboard the USS Lynde McCormick from September 1964 to December 1964, which was in the official waters of the Republic of Vietnam during this time period. Based on the foregoing, it is conceded the Veteran was exposed to herbicide agents during service, and the presumptive provisions regarding veterans exposed to herbicides agents during service are applicable in this case. Therefore, the Board resolves any doubt in favor of the Appellant and finds that the Veteran's coronary artery disease is presumptively related to his exposure to herbicide agents during service aboard the USS Lynde McCormick within the 12 nautical mile territorial sea of the Republic of Vietnam and was the principal cause of his death. Accordingly, service connection for the cause of the Veteran's death is warranted. 38 C.F.R. § 3.312 (c)(1). R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. St. Laurent, 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.