Citation Nr: 22047751 Decision Date: 08/23/22 Archive Date: 08/23/22 DOCKET NO. 18-11 715 DATE: August 23, 2022 ORDER The claim for service connection for the cause of the Veteran's death is denied. FINDINGS OF FACT 1. The Veteran died in March 2017; the cause of death is listed as Non-Hodgkin's Lymphoma. 2. He was not service connected for this disability at the time of his death. 3. There is no evidence that the Veteran's death is in any way related to his military service. CONCLUSION OF LAW The criteria for service connection for the cause of the Veteran's death are not met. 38 U.S.C. § 1310; 38 C.F.R. §§ 3.5, 3.310, 3.312. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty with the United States Navy from June 1972 to June 1976. He died in March 2017; the appellant is his surviving spouse. The claim was remanded in July 2020 for additional development and has been returned now following substantial compliance with the remand order. 1. Entitlement to service connection for the cause of the Veteran's death Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active military service. 38 C.F.R. § 3.303. Service connection may be granted for any disease initially diagnosed after service, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Service connection can also be established based on herbicide exposure. 38 C.F.R. § 3.307 (a)(6). For the purposes of determining herbicide exposure, a veteran who served in qualifying locations during defined periods, to include Vietnam, Korea, or Thailand, is presumed to have been exposed to an herbicide agent. 38 C.F.R. § 3.307 (a)(6)(iii). If the veteran is presumed to have been exposed to herbicides, the veteran is entitled to a presumption of service connection for certain disorders, to include Non-Hodgkin's Lymphoma. See 38 C.F.R. § 3.309 (e). This presumption is specifically limited to those diseases listed. Id. For Non-Hodgkins Lymphoma, the prescribed time period within which the disease must manifest to a compensable degree is any time after service. 38 C.F.R. § 3.307 (a)(6)(ii). Here, the Veteran has been diagnosed with Non-Hodgkin's Lymphoma. Further, the Board notes that Non-Hodgkin's Lymphoma is listed as a disorder entitled to presumption for service connection with regard to herbicide agent exposure. See 38 C.F.R. § 3.309 (e). The Board notes that the Vietnam era covers the period from August 5, 1964, to May 7, 1975, for Veterans who did not serve in Vietnam and from February 28, 1961, to May 7, 1975, for veterans who served "in country." 38 U.S.C. § 101; 38 C.F.R. § 3.2. Additionally, the Blue-Water Act of 2019 provides that any veterans that served within 12 nautical miles from the shore of the Republic of Vietnam during the Vietnam era, are presumed to have been exposed to herbicides, including Agent Orange, in the same manner as those Vietnam era veterans who served on land in the Republic of Vietnam during the same time frame. See Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019) (en banc). The appellant maintains that the Veteran did in fact serve in Vietnam, with boots on the ground, and within Blue Water offshore of Vietnam, as evidenced by the Veteran's fatigue shirt with the YRBM-18 badge, and the Veteran's possession of Vietnamese currency and Military Payment Certificate, which was only available in the country of Vietnam. However, the Veteran's service personnel records do not document any service within Vietnam or the waterways within 12 nautical miles. Service treatment records document that the Veteran left CONUS in January 1974 and was stationed at Midway Island until he returned stateside in April 1975. There is no evidence that the Veteran served aboard a vessel or had orders/duties that would have put him in an area presumed to have been exposed to herbicides. Regarding the assertion that he served aboard the YRBM-18, the evidence demonstrates that that vessel was transferred to Vietnam prior to the Veteran's foreign service. Moreover, the 1974 and 1975 Command History Reports submitted by the Naval Station Midway Island were researched in an attempt to corroborate the Appellant's assertions. In addition, the Naval History and Heritage Command (NHHC), the custodian of Naval Command History Reports, Ship Histories, and Aviation Historical Summaries, were unable to provide the 1974 and 1975 Command History Report, Ship History, or Aviation Historical Summary for the YRBM-18. Therefore, no evidence was located to support documentation of the claimed exposure event. The Board acknowledges that the Appellant and the Veteran's brother have asserted that the Veteran reported going into the relevant areas during service, but his service personnel records simply do not support that contention. As such, the Board finds that the weight of the evidence is against a finding of exposure to herbicides during military service. The Board notes that neither the Veteran nor the Appellant have asserted, nor does the evidence demonstrate, that the Veteran's cause of death, Non-Hodgkin's Lymphoma, began during or approximate to his military service. Indeed, he was not diagnosed with the disease until many decades post-discharge. Based on the forgoing, the Board finds that the evidence weighs against a finding of service connection for the Veteran's death and Non-Hodgkin's Lymphoma. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. B., 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.