The Board has determined that the Veteran's service on USS Piedmont was within Vietnam's territorial waters, which would entitle him to the presumption of herbicide agent exposure. The claim for service connection for cause of death is remanded due to the need for additional development regarding the specific dates and locations of his service.
The deciding factor: The Board found that the Veteran served on USS Piedmont within Vietnam's territorial waters, which would qualify him for the presumption of herbicide agent exposure under the Blue Water Navy Vietnam Veterans Act of 2019.
- Claimed conditions
- Congestive heart failure, Heart disease, Diabetes
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 17, 2020
- Citation
- 20079944
Veterans Law Judge
Decisions by this judge: 1,858 · Granted: 24% (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 20079944.
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 Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Denied
The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Granted
The Veteran is granted SMC at the (r)(1) rate due to his service-connected major depressive disorder and congestive heart failure, which require regular aid and attendance.
- Granted
The Veteran's TDIU, SMC on housebound basis, and DEA benefits are granted effective October 16, 2019. The Board found the Veteran unable to secure or follow a substantially gainful occupation due to his service-connected right lung lobectomy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.