Citation Nr: 18142150 Decision Date: 10/12/18 Archive Date: 10/12/18 DOCKET NO. 16-13 774 DATE: October 12, 2018 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1967 to January 1971. He died in May 2013. The appellant is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office. The claim of entitlement to service connection for the cause of the Veteran's death is remanded. Remand is required for additional development prior to adjudicating this claim. Specifically, efforts should be made to obtain records of treatment, federal or private, in the time period shortly after the Veteran’s separation from active duty, and to obtain a medical opinion. First, VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2018). This includes making reasonable efforts to obtain relevant private medical records. 38 C.F.R. § 3.159(c)(1). As noted above the Veteran died in May 2013. His causes of death were listed on the death certificate as coronary artery disease, diabetes mellitus, hypertension, and peripheral vascular disease. The appellant contends that the disorders that caused the Veteran’s death were caused by exposure to Agent Orange during service. The Board is satisfied with the development undertaken thus far to develop that aspect of her claim. In the alternative, the appellant contends that the Veteran developed atrial fibrillation before he separated from active duty or shortly thereafter. During the August 2016 hearing, she asserted that the Veteran had informed her of his diagnosis shortly after he separated from service. It is her contention that the Veteran’s atrial fibrillation contributed to the diagnosis of coronary artery disease, a primary contributor to the Veteran’s death, and that service connection is thus warranted for the cause of the Veteran’s death because atrial fibrillation had its onset during service. During the hearing, the appellant was advised to procure and submit evidence that supports her claim. VA did receive a series of private treatment records in late August 2016. However, they were recent records and did not provide insight into the Veteran’s health in a time more proximate to his service. The Board finds that remand is warranted to provide the appellant further opportunity to obtain private treatment records that support her claim. Next, the Board finds that a medical opinion should be provided for the appellant’s claim. The appellant asserts that the Veteran was diagnosed with atrial fibrillation shortly after service or during service and that atrial fibrillation contributed to the Veteran’s eventual coronary artery disease. See August 2016 hearing. The matter is REMANDED for the following action: 1. Contact the appellant and afford her the opportunity to identify by name, address and dates of treatment or examination any relevant medical records showing treatment for a heart disorder at the time of or shortly after the Veteran’s separation from active duty. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the appellant which are not already on file. All information obtained must be made part of the claims file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the appellant and her representative. 2. After any records are obtained pursuant to the development requested in directive one (1) and associated with the Veteran’s electronic record, request an opinion from a suitably qualified VA clinician regarding the cause of the Veteran’s death. The electronic records must be made available to the reviewer and the reviewer must indicate that a review of the file was completed. Following review of the electronic record, respond to the following questions: a. The reviewer is requested to provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s atrial fibrillation had onset during service or is otherwise related to the Veteran’s service. b. If atrial fibrillation did have onset during service or is otherwise related to the Veteran’s service, the examiner must opine whether it at least as likely as not (50 percent or greater probability) that any cause of the Veteran’s death (coronary artery disease, diabetes mellitus, peripheral vascular disease, and hypertension) was proximately due to or chronically aggravated by atrial fibrillation? BARBARA B. COPELAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Steve Ginski, Associate Counsel