Citation Nr: 18140706
Decision Date: 10/05/18	Archive Date: 10/05/18

DOCKET NO. 15-35 657
DATE:	October 5, 2018
ORDER
Entitlement to service connection for the cause of death is granted.
FINDINGS OF FACTS
1. The Veteran died in May 2014.  The Veteran’s death certificate lists the immediate cause of death as senile degeneration of the brain and identifies degenerative arthritis of the spine as a significant condition contributing to death.
2. At the time of the Veteran’s death, he was service-connected for degenerative arthritis of the cervical spine, rated at 20 percent; degenerative arthritis of the lumbar spine, rated at 20 percent; degenerative arthritis of the left knee rated 30 percent disabling; degenerative arthritis of the right knee rated 30 percent disabling; degenerative disease of the left shoulder rated 20 percent disabling; and degenerative disease of the right shoulder rated 20 percent disabling.
CONCLUSION OF LAW
Resolving reasonable doubt in favor of the appellant, the criteria for service connection for the cause of the Veteran’s death have been met.  38 U.S.C. §§ 1110, 1131, 1310, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 3.312 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran served on active duty from January 1946 to July 1975.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) from Milwaukee, Wisconsin.  The appellant seeks service connection for the cause of the Veteran’s death.  In her September 2015 VA Form 9, the appellant contends the Veteran’s degenerative arthritis of the spine substantially contributed to the cause of the his death.
The Veteran died in May 2014.  The Veteran’s revised September 2014 certificate of death lists his immediate cause of death as senile degeneration of the brain with degenerative arthritis of the spine as a significant condition contributing to death.  
During his lifetime, the Veteran was service connected for degenerative arthritis of the cervical and lumbar spines.  Private medical records document that this arthritis caused him significant discomfort and limited his movement.
To establish service connection for the cause of the Veteran’s death, the evidence must show that a service-connected disability was either a principal or contributory cause of death.  38 U.S.C. § 1310; 38 C.F.R. § 3.312 (a).  To be a contributory cause of death, the evidence must show that the service-connected disability contributed substantially or materially to the cause of death; that it combined to cause death; or that it aided or lent assistance to the production of death. 38 C.F.R. § 3.312 (b), (c).
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While degenerative arthritis of the spine was not listed on the Veteran’s May 2014 death certificate, this document was amended in September 2014, at which time the coroner listed degenerative arthritis of the spine as a significant condition contributing to death.  Affording the appellant the benefit of the doubt, service connection for the cause of the Veteran’s death is warranted.
 
JEBBY RASPUTNIS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Denton, Buck