The Veteran's service connection claim for ischemic heart disease (IHD) and atrial fibrillation is remanded due to a duty to assist error. The Board will investigate whether the USS Lexington was present in American Samoa or Guam's territorial waters during his service.
The deciding factor: A duty to assist error occurred as the AOJ did not research whether the USS Lexington was within 12 nautical miles of Vietnam at any point between January 9, 1962 and June 5, 1962. The PACT Act expanded presumptive exposure to Guam and American Samoa's territorial waters.
- Claimed conditions
- Ischemic heart disease (IHD), Atrial fibrillation
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- A23034783
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. Read the original VA decision (opens in a new tab) using citation A23034783.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has determined that the Veteran's cause of death (acute respiratory failure, atrial fibrillation, and/or hypertension) is related to his active duty service, including from exposure to toxins and chemicals from open burn pits during the harsh winters in Korea. The Board finds a pre-decisional duty to assist error and remands for obtaining a VA medical opinion.
- Denied
The Board denied the Veteran's claim of service connection for cause of death, finding that his service-connected conditions did not contribute to his death. The evidence showed well-controlled heart symptoms prior to death and no causal relationship between anxiety and cardiopulmonary disease or renal failure.
- Remanded (sent back)
The Veteran's death was caused by cardiopulmonary arrest, with congestive heart failure, atrial fibrillation, and coronary artery disease presence of stent as the underlying cause. The Board has determined that there is a need for additional medical opinion regarding whether the Veteran's hypertension, which he had during service, contributed to his death.
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