Citation Nr: 21072429 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 18-53 838 DATE: December 3, 2021 ORDER Restoration of service connection for coronary artery disease (CAD) is granted. FINDINGS OF FACT 1. The Veteran served on the offshore waters of Vietnam and is presumed exposed to herbicide agents. 2. The Veteran's service connection should be restored based on the effective date provisions of 38 U.S.C. § 1116A. CONCLUSION OF LAW The criteria have been met for restoration of service connection for coronary artery disease (CAD). 38 U.S.C. §§ 1110, 1116, 1116A; 38 C.F.R. §§ 3.12, 3.103, 3.105, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from June 1969 to June 1971. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO). In November 2021, the Veteran presented testimony at a virtual Board hearing before the undersigned Veterans Law Judge (VLJ). The transcript from the hearing has not yet been associated with the claims file, as this appeal is being adjudicated under the One Touch program. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. Duties to Notify and Assist As provided for by the Veterans Claims Assistance Act of 2000 (VCAA), the VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C. §§ 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.326(a). Considering the Board's favorable decision, however, any deficiencies in VA's duties to notify and assist the Veteran with his claim decided herein are moot. Service Connection Legal Criteria Once service connection has been granted, it can be severed only upon the Secretary's showing that the rating decision granting service connection is clearly and unmistakably erroneous, and only after certain procedural safeguards have been met. 38 C.F.R. § 3.105 d). A determination as to the character of discharge which would result in discontinued entitlement is subject to severance of service connection. 38 C.F.R. § 3.105(c). The Blue Water Navy Vietnam Veterans Act of 2019 (the Act), became effective on January 1, 2020. The Act creates new statutory requirements for the adjudications of certain claims based on veterans' herbicide agent exposure in the offshore waters of the Republic of Vietnam during the period from January 9, 1962, to May 7, 1975. The Act defines "offshore" as a geographical area "not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting" eleven points of latitude and longitude in a table provided. See 38 U.S.C. § 1116A(d). For veterans presumed to have been exposed to herbicides, certain enumerated diseases shall be service connected even though there is no record of such disease during service. See 38 C.F.R. § 3.309. Factual Background The Veteran filed a November 2011 claim of service connection for CAD. A January 2013 rating decision granted service connection for CAD based on herbicide exposure. A September 2013 proposed rating decision, proposed severing service connection for CAD. An April 2016 rating decision severed service connection for CAD. Analysis First, the Board finds the Veteran has a current diagnosis for CAD. The December 2012 VA examination confirmed a diagnosis of coronary artery disease. The enumerated diseases which are deemed to be associated with herbicide exposure include coronary artery disease. See 38 C.F.R. § 3.309(e). Second, the Board finds the Veteran was presumed exposed to herbicide agents during service. The Veteran's DD214 showed a Vietnam Service metal with one star. In his November 2018 substantive appeal, the Veteran explained his ship was ten to twenty feet from shore. The Veteran noted it was in the water along the coast of Vietnam. The Veteran's September 1970 service personnel records (SPR) confirmed he served within the contagious waters of Vietnam. The Board affords significant probative weight to the Veteran's statements. The Veteran is competent to report as to factual matters of which he or she has first-hand knowledge, to include events he witnessed during service. See Washington v. Nicholson, 19 Vet. App. 362, 368 (2005). The Board finds the Veteran's statements credible as they are consistent with the circumstances of his service. See 38 U.S.C. § 1154; Caluza v. Brown, 7 Vet. App. 498, 511 (1995). Accordingly, the Veteran served within the coastal waters of Vietnam and is presumed to have been exposed to herbicide agents. See 38 U.S.C. § 1116A(d). Lastly, the Veteran's service connection should be restored from the date of severance because of the effective date provisions of the Blue Water Navy Vietnam Veterans Act of 2019. The April 2016 severance was based on no herbicide agent exposure during service. The Veteran is entitled to a restoration of his original effective date because the prior severance was based no in-service incurrence. See 38 U.S.C. § 1116A(c). Accordingly, service connection for CAD is restored from November 30, 2010. David Gratz Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Bruton, C 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.