Citation Nr: 21015001 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 18-23 967 DATE: March 16, 2021 REMANDED Entitlement to service connection for coronary artery disease is remanded. Entitlement to service connection for the residuals of prostate cancer is remanded. Entitlement to service connection for diabetes mellitus is remanded. Entitlement to service connection for peripheral neuropathy of the bilateral lower extremities is remanded. Entitlement to service connection for peripheral neuropathy of the bilateral upper extremities is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1967 to January 1969. The Veteran testified at a Board hearing before the undersigned in February 2021. A copy of the transcript is of record. 1. Entitlement to service connection for coronary artery disease 2. Entitlement to service connection for the residuals of prostate cancer 3. Entitlement to service connection for diabetes mellitus 4. Entitlement to service connection for peripheral neuropathy of the bilateral lower extremity 5. Entitlement to service connection for peripheral neuropathy of the bilateral upper extremities The Veteran contends that he was exposed to herbicides while he served aboard the USS ZELIMA. The Veteran’s personnel records indicate that he served aboard the ship from the USS ZELIMA from September 1967 to January 1969. In January 2019, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Procopio v. Wilkie, 913 F.3d 1371, 138081 (Fed. Cir. 2019) (en banc), where the Federal Circuit held that veterans who “served in the 12 nautical mile territorial sea of the ‘Republic of Vietnam’“ are entitled to service connection under 38 U.S.C. § 1116. Subsequently, legislation was enacted that added 38 U.S.C. § 1116A, providing in part for a presumption of herbicide agent exposure for veterans who served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. Offshore is defined as being in a location 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 several specific latitude and longitude points. Blue Water Navy Vietnam Veterans Act of 2019, Pub. L. No. 116-23 (June 25, 2019). The Board notes that although the Regional Office (RO) has previously conducted research as to whether the Veteran went ashore to Vietnam, the RO has not conducted research as to whether the Veteran’s service included any presence within the 12 nautical mile territorial sea of the Republic of Vietnam. While previous research indicates that the USS ZELIMA operated “off the coast of Vietnam” and “anchored in Da Nang Harbor” in 1968, the Board finds that it is unable to make a fully informed decision as to whether the Veteran served in the 12 nautical mile territorial sea in the Republic of Vietnam or any similar area identified in the Blue Water Navy Vietnam Veterans Act. Accordingly, a remand is warranted for further factual development. The matters are REMANDED for the following action: Conduct appropriate development to determine whether the Veteran had active service within the 12 nautical miles of the Republic of Vietnam, or any similar area identified in the Blue Water Navy Vietnam Veterans Act of 2019. If the development fails to provide evidence that allows for the granting of the presumption, document this determination appropriately. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P.M. Johnson, 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.