The Board has remanded the Veteran's claims for ischemic heart disease and diabetes mellitus, type II due to potential exposure in the territorial waters of Vietnam while serving aboard the USS Yorktown. The RO must verify this information with the JSRRC.
The deciding factor: The Federal Circuit ruled that service in the Republic of Vietnam includes service in the territorial waters of Vietnam, which extend 12 miles from the shore. Therefore, the Veteran's exposure to herbicides is presumed if he served in these waters during his active duty.
- Claimed conditions
- Ischemic heart disease, Diabetes mellitus, type II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132303
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19132303.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an initial rating of 30 percent prior to July 18, 2014, and a higher than 60 percent rating thereafter for ischemic heart disease is being remanded due to incomplete evidence. The examiner needs to provide more detailed information about the severity of his service-connected condition.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an earlier effective date and increased rating for ischemic heart disease due to a failure by the AOJ to request SSA records, which were not available.
- Granted
The Board has granted service connection for ischemic heart disease and myocardial infarction, status post stent placement, as well as obstructive sleep apnea, finding that the Veteran's current conditions are related to his military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically regarding the lack of development related to Agent Orange exposure and solvent/asbestos exposure.
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