Citation Nr: 18142414 Decision Date: 10/15/18 Archive Date: 10/15/18 DOCKET NO. 16-35 667A DATE: October 15, 2018 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran’s DD-214 form indicates that he served on active duty from December 1963 to December 1966. The Veteran’s service treatment records (STRs) note medical and dental treatment from January 1962 to November 1966, his only DD-214 form on file indicates that he served on active duty from December 1963 to December 1966 but had a total of 4 years, 10 months and 4 days of active service, with service in the Republic of Vietnam. The appellant is the Veteran’s surviving spouse. Based on his service in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975, VA has acknowledged that the Veteran was exposed to Agent Orange or herbicide agents during his service. Entitlement to service connection for the cause of the Veteran’s death is remanded. The Board finds that further development of the medical evidence is required prior to adjudicating the appellant’s service connection claim for the cause of the Veteran’s death. Generally, in a cause of death claim, VA must make reasonable efforts to assist a claimant in obtaining a medical opinion when such opinion is “necessary to substantiate the claimant’s claim for a benefit.” De La Rosa v. Peake, 515 F.3d 1319, 1322 (Fed. Cir. 2008); see also 38 U.S.C. § 5103A (a). The Veteran died in February 2013. His death certificate lists the immediate cause of death as congestive heart failure. At the time of his death, he was not service connected for any disabilities, however the appellant contends that prior to his death he was diagnosed with diabetes mellitus, type II (DMII). The appellant alleges that the Veteran’s DMII disability, as a presumptive condition, was the result of the Veteran’s exposure to Agent Orange and herbicide agents while in service; and in turn, his congestive heart failure was secondary to his DMII. See May 2015 notice of disagreement (NOD). As the medical evidence of record includes a diagnosis of DMII prior to the Veteran’s death, but no opinion regarding whether there is a relationship between the listed cause of the Veteran’s death and DMII, the Board finds that it would not be unreasonable to request a medical opinion. Therefore, on remand, an opinion must be obtained regarding the cause of the Veteran’s death. Additionally, as there is differing dates as to the Veteran’s active duty service, while on remand, outstanding military records should be obtained to clarify dates of active duty service. The matter is REMANDED for the following action: 1. Obtain any missing military personnel records to verify the Veteran’s dates of active service. 2. Arrange to obtain a medical opinion addressing any relationship between the Veteran’s death and his service. The claims file must be provided to and reviewed by the examiner. Following a review of the claims file, the examiner is requested to furnish an opinion with respect to the following questions: (a.) Is it at least as likely as not (a probability of 50 percent or greater) that any of the conditions listed on the Veteran’s death certificate (congestive heart failure as the immediate cause) had its onset during service or is otherwise causally related to the Veteran’s active service, to include his presumed exposure to herbicide agents? (b.) Is it at least as likely as not (a probability of 50 percent or greater) that any of the disabilities diagnosed before the Veteran’s death, alone or in combination, caused or contributed substantially or materially to his death? Please consider this question for all disabilities noted upon review of the Veteran’s medical treatment records, to include his diagnosis of diabetes mellitus, type II, with neuropathy. A complete rationale should be given for each opinion and conclusion expressed. (Continued on the next page)   3. Readjudicate the appeal. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD I. Warren, Associate Counsel