Citation Nr: 18144354
Decision Date: 10/24/18	Archive Date: 10/24/18

DOCKET NO. 14-41 202A
DATE:	October 24, 2018
REMANDED
Service connection for the cause of the Veteran's death is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1966 to February 1970.  He died in July 2010.  The appellant is his surviving spouse.
This matter comes before the Board of Veterans’ Appeals (Board) from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office.
1. Death Benefits
The appellant seeks service connection for the cause of the Veteran’s death.  The Veteran died in July 2010.  The certificate of death indicates that his immediate cause of death was non-small cell lung carcinoma.  Chronic obstructive pulmonary disease (COPD) was listed as a contributory factor.
At the time of the Veteran’s death, he did not have service connection for any disability.  However, the appellant believes he served in Vietnam and was exposed to herbicides.  She contends that his cause of death should be service-connected based on the presumptive provisions applicable to herbicide exposed veterans.  Under 38 C.F.R. §§ 3.307(a)(6) and 3.309(e), when a veteran is exposed to herbicide agents, service connection is presumed for respiratory cancers, including cancer of the lung, bronchus, larynx, and trachea.  Unfortunately, the Veteran’s service personnel records have not been associated with the claims file for review.  On remand, attempts must be made to obtain his service personnel records to determine whether he served in the Republic of Vietnam.
The appellant also indicated that the Veteran was treated at the VA facility in DuBois in 1997.  In June 2014, the RO sent a letter to the VA Medical Center (VAMC) in DuBois requesting these records.  In the rating decision, the RO indicated that the VAMC reported that records from 1997 could not be located.  The VAMC sent treatment records from 2001 and 2002.  Notably, the response from the VAMC, to include the treatment records from 2001 and 2002, have not been associated with the claims file.  On remand, an additional attempt must be made to obtain the 1997 records from the VAMC.  All VA treatment records, to include the records from 2001 and 2002, must be associated with the claims file for review.
Finally, medical records documenting treatment of the Veteran’s lung cancer and COPD have not been associated with the claims file.  On remand, ask the appellant to identify the Veteran’s medical providers and provide authorization and release forms for VA to obtain his records for review.
The matter is REMANDED for the following action:
1. Attempt to obtain and associate with the claims file the Veteran’s service personnel record.  Thereafter, take any additional action necessary to determine whether the Veteran was exposed to herbicides during service.
2. Make an additional attempt to obtain the 1997 treatment records from the VAMC in DuBois.  All requests for records and responses from the VAMC must be documented in the claims file.  If possible, the appellant should obtain and submit the records for review.
3. Associate with the claims file all of the Veteran’s VA treatment records, to include the VA treatment records dated in 2001 and 2002 and which were obtained from the VAMC in DuBois.
4. Ask the appellant to identify all of the Veteran’s medical providers and provide the appropriate authorization and release forms for VA to attempt to obtain records.  If possible, the appellant should obtain and submit the records for review.

 
John Crowley
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Alderman, Amanda G.