The Veteran's service on USS CONSTELLATION (CVA-64) may have brought him within the 12 nautical mile territorial waters of Vietnam, potentially qualifying for herbicide exposure. The Board is remanding to determine if this occurred and whether his heart disorder can be linked to such exposure.
The deciding factor: The presence of USS CONSTELLATION in Vietnamese territorial waters could establish herbicide exposure, which may connect the Veteran's heart disorder to service.
- Claimed conditions
- ischemic heart disease, coronary artery disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 31, 2020
- Citation
- 20008075
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.
- 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.
- Partly granted
The Board grants service connection for tinnitus, finding that the Veteran's tinnitus began during his period of active duty service. The claims for ischemic heart disease, aortic valve replacement, status post aortic stenosis, and peripheral vascular disease with popliteal aneurysm are remanded.
- Remanded (sent back)
The Board remands the case to obtain a new medical opinion regarding the Veteran's ischemic heart disease, as the previous opinions were found inadequate.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
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