Citation Nr: 18141467
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 16-35 484A
DATE:	October 10, 2018
REMANDED
Entitlement to service connection for the cause of the Veteran’s death is remanded.
REASONS FOR REMAND
The Veteran had active duty service from February 1964 to February 1966.  He died in February 2004.  The appellant is the Veteran’s surviving spouse.
1. Entitlement to service connection for cause of death as a result of herbicides agent exposure is remanded.
According to the Veteran’s death certificate, the immediate cause of his death was idiopathic cardiomyopathy, with no underlying causes of death listed.  The appellant contends that the Veteran’s immediate cause of death was related to his service in the Republic of Vietnam, and specifically to the herbicide agents he was exposed to therein.
Despite the Veteran’s service in Vietnam, service connection for cause of death cannot be presumptively established because idiopathic cardiomyopathy is not one of the specifically listed disorders in 38 C.F.R. § 3.309(e).  Notwithstanding the fact that service connection for cause of death cannot be presumptively established, direct service connection may be established by evidence demonstrating that the disease was in fact “incurred” during service.  See Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994).  
The record includes a medical statement from the Veteran’s physician, Dr. C.G. dated April 2014, who stated, “I believe, to a reasonable degree of medical certainty, that [the Veteran’s’ exposure to Agent Orange during his service in Vietnam may have caused his cardiomyopathy.” However, this statement does not include any rationale for the opinion and is also phrased in speculative terms, therefore, probative weight is unable to be assigned.
Notwithstanding the fact that probative weight is unable to be assigned to Dr. C.G.’s opinion, the Board finds that it does trigger VA’s duty to assist to obtain a medical opinion that addresses whether the Veteran’s idiopathic cardiomyopathy is etiologically related to his exposer to herbicide agents in service.  
The matter is REMANDED for the following action:
Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s idiopathic cardiomyopathy was at least as likely as not related to his conceded herbicide agent exposure in service. 



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A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Churchwell, Associate Counsel