The Veteran's service on the USS Oriskany is unclear, and there is insufficient evidence to determine if he was exposed to herbicides. The case is being remanded for further investigation.
The deciding factor: There is uncertainty regarding whether the Veteran served in waters within the 12-nautical-mile territorial sea of the Republic of Vietnam or on the USS Oriskany during periods when it was believed to have been there, which affects his eligibility for presumptive service connection due to herbicide exposure.
- Claimed conditions
- diabetes mellitus II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- May 3, 2019
- Citation
- 19134802
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (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 19134802.
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's service-connected diabetes mellitus II and associated conditions have produced impairment inconsistent with obtaining or following substantially gainful employment from June 12, 2017, to March 5, 2024. The Board grants a total disability rating based on individual unemployability (TDIU) for this period.
- Remanded (sent back)
The Board has remanded the case due to errors in developing evidence related to possible ionizing radiation exposure and TERA participation. The claim will be reconsidered with proper development of this information.
- Granted
The Board granted an effective date of April 10, 2018 for the establishment of service connection for diabetes mellitus II (DMII), finding that the Veteran's condition was directly related to his military service and exposure to toxic substances.
- Granted
The Board has granted service connection for accrued benefits for diabetes mellitus II, finding that the Veteran's exposure to herbicide agents during his service in Vietnam is presumed and that he currently has a diagnosis of diabetes mellitus II.
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