The Veteran's death was caused by metastatic prostate cancer. The appellant contends that the Veteran was exposed to herbicide agents during his military service, and seeks service connection for the cause of his death on this basis. However, the evidence is insufficient to determine whether the USS Saratoga served within 12 nautical miles of the Republic of Vietnam at any point during its tenure in the offshore waters of Vietnam.
The deciding factor: The evidence does not confirm the Veteran's exposure to herbicide agents due to his service on the USS Saratoga, which may have been outside the 12 nautical mile territorial sea of the Republic of Vietnam.
- Claimed conditions
- metastatic prostate cancer
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133154
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 Board granted service connection for metastatic prostate cancer, finding that the evidence is at least in approximate equipoise regarding whether it was caused by the Veteran's conceded in-service toxic exposure risk activities.
- Granted
The Veteran's death from metastatic prostate cancer is service-connected due to asbestos exposure during his active duty. The Board granted service connection for the cause of death.
- Denied
The Board denied service connection for the cause of the Veteran's death, as there was no evidence linking his metastatic prostate cancer to his military service.
- Granted
The Board has determined that the Veteran's death was caused by metastatic prostate cancer, which is a presumptive disability due to exposure to herbicide agents in Thailand. The evidence is at least in equipoise as to whether the Veteran was exposed to herbicide agents during his service.
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