Citation Nr: 22017929 Decision Date: 03/27/22 Archive Date: 03/27/22 DOCKET NO. 17-48 234 DATE: March 27, 2022 REMANDED The claim of entitlement to service connection for Parkinson's disease is remanded. The claim of entitlement to service connection for coronary artery disease is remanded. The claim of entitlement to service connection for diabetes mellitus is remanded. The claim of entitlement to nonservice-connected burial benefits is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Marine Corps from August 1960 to June 1964. The instant matter is on appeal from July 2013 and July 2016 decisions. The Veteran passed away in June 2015. His cause of death was listed as coronary artery disease. At the time of his passing, he had three service connection claims on appeal. His surviving spouse, the appellant in the present matter, filed a claim for nonservice-connected burial benefits in July 2015, and she was additionally substituted in the Veteran's service connection claims. In April 2022, the appellant failed to appear before the Board in her scheduled hearing. She did not present good cause to excuse her absence. As such, the appellant's hearing request is considered to have been withdrawn. See 38 C.F.R. § 20.704(d). 1. The claims of entitlement to service connection for Parkinson's disease, coronary artery disease, and diabetes mellitus are remanded. The Board sincerely regrets the additional delay, particularly given the long pendency of the present claims, but remand is necessary in order to investigate the Veteran's prior claims of exposure to herbicide agents by virtue of his service in and around Vietnam. Prior to his passing, the Veteran reported serving in Vietnam during service, and the appellant stated that he also sailed near or to Vietnam while stationed aboard the U.S.S. Washtenaw County. The Veteran's Sea and Air Embarkation slips reflect service aboard the U.S.S. Windham County, U.S.S. Washtenaw County, U.S.S. Montrose, U.S.S. Gen. J.C. Breckinridge, U.S.S. Tom Greene, U.S.S. Westchester County, U.S.S. Terrell County, U.S.S. Oakhill, and U.S.S. Pickaway. His DD-214 reflects one year, seven months, and 16 days of foreign and/or sea service. He was part of the Mortar Battery, 3rd Marine Division from approximately November 1962 to June 1964. There is also a handwritten letter in his personnel records regarding travel during his station in Okinawa. Unfortunately, the Veteran's reports of exposure to herbicide agents have not been thoroughly investigated, to include his service aboard many ships during his station in Okinawa. Since the initiation of this appeal, Congress passed the Blue Water Navy Vietnam Veterans Act of 2019. 116 P.L. 23, 2019 Enacted H.R. 299, 116 Enacted H.R. 299, 133 Stat. 966. Under that Act, the presumption of exposure to herbicides was expanded to any ship that served within 12 nautical miles off the coast of Vietnam from January 9, 1962, to May 7, 1975. As outlined above, the Veteran's personnel records reflect service aboard multiple ships during his deployment. The appellant specifically asserted exposure during his service on the U.S.S. Washtenaw. The record does not contain confirmation in the form of deck logs or navigational information on the position of the ship during that period of time. Accordingly, remand is necessary in order to more thoroughly investigate the appellant's claims regarding herbicide agent exposure. 2. The claim of entitlement to nonservice-connected burial benefits is remanded. As the appellant has pending service connection claims, the Board finds that the issue of nonservice-connected burial benefits is inextricably intertwined with the resolution of the remanded issues. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to defer the claim on appeal pending the adjudication of the inextricably intertwined claim. See Harris v. Derwinski, 1 Vet. App. 180 (1991). Accordingly, this issue is remanded for readjudication following evidentiary development. The matters are REMANDED for the following action: 1. Attempt to verify the Veteran's reported in-service exposure to herbicide agents both based upon his reported presence in Vietnam, as well as his service aboard multiple ships. The Regional Office should conduct an appropriate search for these records, to include contacting the Records Research Team for a review of the Blue Water Navy Ship Locator Dashboard. If there is still insufficient information to verify exposure to herbicide agents, issue a formal finding outlining the steps taken to assist the appellant and notify the appellant of VA's inability to verify the in-service herbicide agent exposure. 2. After undertaking the development above and any additional development deemed necessary, the appellant's claim should be readjudicated. If the benefits sought on appeal remain denied, the appellant and her representative should be furnished a supplemental statement of the case and be given an appropriate period to respond thereto before the case is returned to the Board, if in order. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Fisher, 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.