Citation Nr: 21007826
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 18-19 344
DATE: February 10, 2021

REMANDED

Entitlement to service connection for prostate cancer is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1966 to November 1968.  This matter comes before the Board of Veterans’ Appeals (Board) from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In January 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.

This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.902(c).

1. Entitlement to service connection for prostate cancer is remanded.

The Veteran seeks service connection for prostate cancer, which he asserts is a result of his exposure to Agent Orange during his service aboard the USS Intrepid in the offshore waters of the Republic of Vietnam.

Upon review of the record, the Board finds there is not enough evidence to verify that the USS Intrepid was within the 12 nautical miles of the Republic of Vietnam while the Veteran was aboard. Accordingly, a remand is warranted for further development.  See Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019).

The matters are REMANDED for the following action:

1. Undertake appropriate development to determine whether the U.S.S. Intrepid entered Vietnam’s 12-nautical mile territorial seas at any time while the  Veteran was stationed onboard during the Vietnam      era.

2. After the above has been completed to the extent possible, readjudicate the claim.  If the claim remains denied, issue a supplemental statement of the case, as appropriate.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lance, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.