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 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
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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Dismissed
The Veteran withdrew his appeals for increased ratings of ischemic heart disease and diabetes, and these claims are dismissed.
- Denied
The Board denied service connection for the Veteran's cause of death, finding no evidence that his death was related to any injury or disease in service, including exposure to herbicide agents.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
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