Citation Nr: 18144168 Decision Date: 10/24/18 Archive Date: 10/23/18 DOCKET NO. 16-25 285 DATE: October 24, 2018 REMANDED Entitlement to service connection for cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1965 to September 1968. He died in July 2015; the Appellant in this case is his surviving spouse. 1. Entitlement to service connection for cause of death is remanded. The Veteran died in July 2015. His death certificate indicates that his cause of death was monoclonal paraproteinemia. Atherosclerotic cardiovascular disease was a significant condition contributing to the Veteran’s death, but not resulting in the underlying cause. The Appellant contends that the Veteran was exposed to Agent Orange while serving in Korea and handling dead bodies and installing radio towers in Vietnam. A Veteran who, during active military, naval, or air service, served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense (DoD), operated in or near the Korean demilitarized zone (DMZ) in an area in which herbicides are known to have been applied during that period, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the Veteran was not exposed to any such agent during that service. 38 C.F.R. § 3.307(a)(6)(iv). The units or other military entities that the DoD has identified as operating in or near the Korean DMZ during the qualifying time period are listed in a table in the VA Adjudication Procedure Manual, M21-1 MR. When a Veteran claims exposure in Korea, and his or her service was either not between April 1, 1968, and August 31, 1971, or not in a unit or entity listed in the table, VA is to send a request to the U.S. Army and Joint Service Records Research Center (JSRRC) for verification of exposure to herbicides. M21-1, IV.ii.1. H.4.b. In this case, the Veteran’s military personnel records indicate that he served in Korea from August 1966 to September 1967 in the 304th Signal Battalion (A). As the Veteran did not serve in Korea during the presumptive period and was not assigned to a unit or entity recognized as serving near the DMZ, a remand is necessary for the RO to send a request to the JSRRC for verification of exposure to herbicides. Moreover, at the time of his death, the Veteran was not service-connected for any disabilities, to include monoclonal paraproteinemia or atherosclerotic cardiovascular disease. VA’s duty to assist includes a duty to provide a medical examination or obtain a medical opinion where it is deemed necessary to decide the claim. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). In this case, the Appellant has not been provided a medical opinion regarding the Veteran’s cause of death, therefore the Board finds that one must be obtained on remand. The matter is REMANDED for the following action: 1. The RO must comply with the evidentiary development procedures provided in M21-1 regarding Veteran’s claimed herbicide exposure, to include sending a request to JSRRC for verification as to whether the Veteran was exposed to herbicide agents as alleged during his period of service in Korea. All documentation sent and received by the RO must be associated with the claims file. 2. Contact the Appellant and request authorization to obtain any outstanding records pertinent to her claim, including any private treatment records following proper VA procedures (38 C.F.R. § 3.159(c)). 3. After completing the requested development, obtain a medical opinion from an appropriate VA clinician to determine the cause of the Veteran’s death. A copy of this remand and all relevant medical records should be made available to the examiner. The examiner should review the pertinent evidence, including the Veteran’s lay assertions, and it should be confirmed that such records were available for review. Based on a thorough review of the claims file, the examiner should answer the following question: (a.) Is it at least as likely as not (a 50 percent or greater probability) that the Veteran’s monoclonal paraproteinemia began in service or is otherwise related to a disease, event, or injury in service, to include herbicide exposure? (b.) Is it at least as likely as not (a 50 percent or greater probability) that the Veteran’s atherosclerotic cardiovascular disease began in service or is otherwise related to a disease, event, or injury in service, to include herbicide exposure? A complete rationale for any opinion provided is requested. The absence of evidence of treatment for a monoclonal paraproteinemia or atherosclerotic cardiovascular disease in the Veteran’s service treatment records cannot, standing alone, be a sufficient rationale for providing a negative opinion. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Mukherjee, Associate Counsel