The Board has remanded the case due to a need for further development regarding the Veteran's exposure to herbicides during his service aboard the U.S.S. Shangri La.
The deciding factor: The U.S.S. Shangri La was located within the official waters of the Republic of Vietnam, but not necessarily within its 12 nautical mile territorial sea as required by a recent Federal Circuit decision in Procopio v. Wilkie.
- Claimed conditions
- Hemorrhagic stroke, Metastatic lung cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143263
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 19143263.
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.
- Partly granted
The Veteran's 100% rating for hemorrhagic stroke is granted effective March 19, 2021. OSA and periodic limb movement syndrome are denied service connection. Pituitary mass remains under review.
- Denied
The Board denied service connection for the Veteran's cause of death and entitlement to dependency and indemnity compensation (DIC) under 38 U.S.C. § 1318, as there was no evidence that the Veteran's lung cancer was related to his military service or exposure to herbicides.
- Denied
The Board denied service connection for MGUS and did not assign a rating for the Veteran's stroke, right lower extremity diabetic peripheral neuropathy, or left lower extremity diabetic peripheral neuropathy. The Veteran was granted TDIU.
- Denied
The Veteran's cause of death was not due to a service-connected disability, and the Board found that his lung cancer was unrelated to any asbestos exposure in service.
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