Citation Nr: 21069974 Decision Date: 11/22/21 Archive Date: 11/22/21 DOCKET NO. 17-47 553 DATE: November 22, 2021 REMANDED Entitlement to service connection for coronary artery disease as a result of herbicide exposure is remanded. REASONS FOR REMAND The Veteran served on active duty with the Navy from October 1968 to October 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In the September 2017 VA Form 9, the Veteran elected a video conference hearing; however, the Veteran withdrew that request in January 2020 Correspondence. As such, no hearing was held. Entitlement to service connection for coronary artery disease as a result of herbicide exposure is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran contends that he was exposed to herbicide agents during service aboard the USS Oriskany in 1969 and the USS Kitty Hawk in 1970. See Hearing Testimony dated January 2017. More information is needed before the Board can make a fully informed decision. Under the Blue Water Navy Vietnam Veterans Act of 2019, presumptive service connection for herbicide exposure was expanded to Veterans who served aboard military vessels that sailed within 12 nautical miles of Vietnam or within the waters outlined in 38 U.S.C. § 1116A. The Board cannot determine whether the USS Oriskany or the USS Kitty Hawk were ever located within the parameters set forth in 38 U.S.C. § 1116A. Accordingly, a remand is necessary to determine the location of the vessels while the Veteran was aboard. The matters are REMANDED for the following actions: 1. Attempt to verify the Veteran's asserted in-service exposure to herbicide agents. If more details are needed, contact the Veteran to request the information. If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the Veteran of VA's inability to verify the in-service herbicide agent exposure. Specifically, attempt to verify whether the USS Oriskany or the USS Kitty Hawk sailed within 12 nautical miles of the Republic of Vietnam or sailed within the waters outlined in 38 U.S.C. § 1116A at any time when the Veteran was on board, specifically between 1969 and 1970. This should include obtaining relevant deck logs or any other relevant records that might serve to verify the USS Oriskany's and USS Kitty Hawk's positions during the relevant period. 2. After the above development is completed and if herbicide exposure is conceded, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of the Veteran's claimed coronary artery disease. The examiner must opine whether he has a diagnosis of coronary artery disease that is at least as likely as not related to in-service herbicide agent exposure. 3. Readjudicate the appeal. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Hartford, 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.