Citation Nr: 21073041
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 20-10 171
DATE:  December 7, 2021

REMANDED

Entitlement to service connection for hypertension is remanded.

Entitlement to service connection for ocular hypertension with cataracts and mild glaucoma is remanded. 

REASONS FOR REMAND

The Veteran had active naval service from February 1961 to December 1980.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2020, the Board remanded the Veteran's claims for additional development. The case has now been returned to the Board for further appellate action.

The Board finds that additional development is required before the claims on appeal are decided. 

A review of the record shows that the Veteran served aboard the USS Canberra while that vessel operated in Southeast Asia. Specifically, the Veteran was listed to have served aboard the USS Canberra from October 1962 through November 1965. Additionally, the Veteran was awarded the Armed Forces Expeditionary Medal by virtue of service aboard the USS Canberra from March 28, 1965, to May 11, 1965, during which he participated in operations in support of troop landings in Chu Lai, Republic of Vietnam during the period of May 7, 1965, through May 11, 1965, for participation in Republic of Vietnam military operations. However, there is no indication from the record whether the appropriate development has been undertaken to determine whether the Veteran had naval service around the Republic of Vietnam sufficient to presume exposure to herbicides. 

As such, the Board finds that additional development must be conducted to determine whether the Veteran had service aboard the USS Canberra sufficient to presume he was exposed to herbicides pursuant to the Blue Water Navy Vietnam Veterans Act of 2019.

The Veteran has claimed entitlement to service connection for ocular hypertension with cataracts and mild glaucoma as secondary to his hypertension. As such, that claim is inextricably intertwined with the pending claim of entitlement to service connection for hypertension, and is deferred pending resolution of that claim. Harris v. Derwinski, 1 Vet. App. 180 (1991). 

The matters are REMANDED for the following action:

1. Conduct the appropriate development to determine whether the Veteran had service aboard the USS Canberra sufficient to presume exposure to herbicides pursuant to the Blue Water Navy Vietnam Veterans Act of 2019. 

2. Conduct any other development determined to be warranted, to include obtaining any necessary VA examinations and/or medical opinions.

3. Then, readjudicate the appeal. If a claim is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Cryan, 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.