Citation Nr: 18144651 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 16-05 572 DATE: October 25, 2018 ORDER Entitlement to service connection for the cause of the Veteran’s death is denied. FINDING OF FACT A service-connected disability did not cause or contribute substantially or materially to cause death. CONCLUSION OF LAW The criteria for service connection for the Veteran’s cause of death are not met. 38 C.F.R. § 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1954 to February 1957 and July 1957 to May 1976. This matter comes before the Board of Veterans’ Appeals (Board) from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. Entitlement to service connection for the cause of the Veteran’s death The Appellant argues that the Veteran’s service-connected disabilities contributed to his death. The Veteran’s death certificate documents that the Veteran died in October 1999 from right renal cancer. No other significant conditions contributing to death were noted. To establish entitlement to service connection for the cause of the Veteran’s death, the evidence of record must show that a disability incurred in or aggravated by service either caused or contributed substantially or materially to cause death. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. The service-connected disability will be considered as the principal cause of death when such disability, singly or jointly with another condition, was the immediate underlying cause of death or was etiologically related thereto. 38 C.F.R. § 3.312 (b). To be considered a contributory cause of death, it must be shown that the service-connected disability contributed substantially or materially; that it combined to cause death; or that it aided or lent assistance to the production of death. 38 C.F.R. § 3.312 (c)(1). It is not sufficient to show that the service-connected disability casually shared in producing death; rather, a causal connection must be shown. Id. At the time of the Veteran’s death, he was service-connected for bilateral hearing loss, a malleolus fracture, bilateral olecranon spurs, bilateral conjunctivitis, and residuals of a scalp scar. The Board notes the is no medical evidence supporting the contentions on appeal. The Appellant has not provided medical evidence that showing any of his service-connected disabilities caused or contributed to the Veteran’s death. The record does not support that renal cancer was or should have been directly service-connected. The Veteran’s service treatment records are silent for any event, injury, or disease that may be associated with the cause of death listed on his death certificate. He did not complain of and was not treated for any kidney conditions, nor did he allege, during his lifetime, that he had symptoms of any of these conditions during service. The renal cancer did not develop until decades after his military service. Therefore, direct service connection for cause of death based on the condition listed on the death certificate is not warranted. The Appellant has not detailed how a service connected disability contributed to the Veteran’s death or that a disability that warranted service connection resulted in death. Review of the lay statements and the medical evidence of record does not raise to duty to further assist, to include by obtaining a medical opinion. See DeLaRosa v. Peake, 515 F.3d 1319 (Fed. Cir. 2008). After careful review of the evidence of record, the Board finds that the preponderance of the evidence of record weighs against a finding of service connection for cause of death. There is no competent evidence that links the Veteran’s death to a service-connected disability or a disability, injury or event that is otherwise shown to have begun in service. As such, the preponderance of the evidence is against the claim, the benefit of-the-doubt doctrine does not apply, and the claim for service connection for cause of death must be denied. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Ortiz v. Principi, 274 F. 3d 1361 (Fed. Cir. 2001). Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Kass, Associate Counsel