The Veteran's service on the U.S.S. Rowan near Vietnam is confirmed, but it is unclear if he was in the 12 nautical mile territorial sea during his time aboard. The case is remanded to verify this.
The deciding factor: Verification of whether the U.S.S. Rowan entered the 12 nautical mile territorial sea of the Republic of Vietnam while the Veteran was aboard is required.
- Claimed conditions
- heart disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 3, 2019
- Citation
- 19142320
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.
- Denied
The Board denied service connection for a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- Remanded (sent back)
The Board remands the claim for an initial rating higher than 30 percent for the service-connected heart disability to correct an error by the AOJ in not informing the Veteran of his right to a pre-decisional hearing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board granted service connection for hypothyroidism, DVT, and a heart disability as secondary to residuals of acute renal failure. The claim for an initial compensable rating for acute hepatocellular necrosis was denied.
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