The Board has remanded the claims for service connection due to conflicting evidence regarding whether the Veteran served in Vietnam and his exposure to herbicide agents. The case will be further developed to determine if the U.S.S. Valley Forge was within the 12-nautical mile territorial sea of the Republic of Vietnam while the Veteran served aboard.
The deciding factor: The recent Federal Circuit decision in Procopio requires consideration of whether the ship was within the 12-nautical mile territorial sea of the Republic of Vietnam during the Veteran's service.
- Claimed conditions
- diabetes mellitus, ischemic heart disease, hypertension, peripheral neuropathy of the bilateral upper extremities, peripheral neuropathy of the bilateral lower extremities, erectile dysfunction
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004680
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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