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
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.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Partly granted
The Board granted service connection for a cardiovascular disability, secondary to hypertension, but denied a compensable rating and an earlier effective date for the grant of service connection for hypertension.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
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