Citation Nr: 21073833 Decision Date: 12/10/21 Archive Date: 12/10/21 DOCKET NO. 18-54 301 DATE: December 10, 2021 REMANDED Entitlement to service connection for loss of male reproductive gland and/or loss of erection as residual of prostate cancer, as due to herbicide agent exposure, is remanded. Entitlement to service connection for urinary incontinence as residual of prostate cancer, as due to herbicide agent exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from November 1962 to October 1966. These matters come to the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Jurisdiction of this appeal is currently with the RO in Albuquerque, New Mexico. In his December 2018 substantive appeal and a June 2020 appellate brief, the Veteran indicated he wanted a Board hearing by live videoconference. In a January 2020 letter, VA informed the Veteran that the videoconference hearing was scheduled for May 2020; the Veteran requested postponement of that hearing. His Board hearing was rescheduled for October 2021. However, the Veteran failed to appear as scheduled. As the Veteran was properly notified of the time, date, and location of his scheduled hearing and failed to appear, his hearing request is deemed to be withdrawn. Service Connection Claims The Veteran asserts that his diagnosed male reproductive gland and/or loss of erection and urinary incontinence are residuals of his prostate cancer and that such conditions are related to in-service herbicide agent exposure. The Veteran asserts that he was exposed to herbicide agents, including Agent Orange, while stationed on the U.S.S. Ponchatoula. See November 2021 Appellate Brief. The Blue Water Navy Vietnam Veterans Act of 2019 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, in or near the Korean Demilitarized Zone during the period from September 1, 1967 to August 31, 1971, and in Thailand during the period from January 9, 1962 to May 7, 1975. The Veteran has alleged that his loss of male reproductive gland and/or loss of erection and urinary incontinence were the result of his exposure to herbicide agents during service while aboard the U.S.S. Ponchatoula (AO-148). However, there is a question as to whether any finding that the Veteran's ship was in the official waters offshore of the Republic of Vietnam means that the Veteran served in the 12 nautical mile territorial sea of the Republic of Vietnam. A remand is necessary for to verify whether the Veteran served on board a ship in the 12 nautical mile territorial sea of Vietnam, to include obtaining the ship's deck logs. The matters are REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claims on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Contact the appropriate sources and/or conduct the appropriate research to determine whether the Veteran served in the 12 nautical mile territorial sea of Vietnam. To the extent possible, obtain and review deck logs for the U.S.S. Ponchatoula (AO-148) from May 1964 to May 1965. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mariah N. Sim, 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.