The Board has remanded the claims for type II diabetes mellitus, loss of vision, and hypertension due to potential in-service exposure to herbicide agents. The Veteran's service records indicate he was aboard the U.S.S. Chicago during his active duty, but the exact location within Vietnam is unclear. Further investigation is needed to determine if the ship sailed within 12 nautical miles or within the waters outlined in 38 U.S.C. § 1116A while the Veteran was on board.
The deciding factor: The Board cannot conclusively determine the Veteran's exposure status without additional verification of his service records and official military logs.
- Claimed conditions
- type II diabetes mellitus, loss of vision, hypertension
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005123
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.
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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
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- 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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