Citation Nr: 18144848 Decision Date: 10/25/18 Archive Date: 10/25/18 DOCKET NO. 16-13 604 DATE: October 25, 2018 ORDER Service connection for the cause of the Veteran’s death is denied. FINDINGS OF FACT 1. The Veteran died in September 2013; the cause of death was due to lung cancer but an amended death certificate also listed Agent Orange exposure. 2. At the time of his death, the Veteran was not service connected for any disabilities. CONCLUSION OF LAW The criteria for service connection for the cause of the Veteran’s death have not been met. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service in the Air Force from October 1964 to February 1970. He died in September 2013. The appellant is the Veteran’s surviving spouse. Cause of Death The appellant contends that the cause of the Veteran’s death as listed on his death certificate, lung cancer, was the result of herbicide exposure during his active service. To establish service connection for the cause of a Veteran’s death, the evidence must show that a disability incurred in or aggravated by active service either caused or contributed substantially or materially to cause death. 38 U.S.C. § 1310. A service-connected disorder is one that was incurred in or aggravated by active service; one for which there exists a refutable presumption of service incurrence, such as refractory non-Hodgkin’s lymphoma, if manifested to the required degree within a prescribed period from the Veteran’s separation from active duty; or one that is proximately due to or the result of, or aggravated by, a service-connected disability. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131; 38 C.F.R. §§ 3.307, 3.309, 3.310(a). A service-connected disability will be considered as the principal (primary) cause of death when such disability, singly or jointly with some other disorder, was the immediate or underlying cause of death or was etiologically related to the cause of death. A contributory cause of death is inherently one not related to the principal cause. In determining whether the service-connected disability contributed to death, it must be shown that it contributed substantially or materially, that it combined to cause death, or that it aided or lent assistance to the production of death. It is not sufficient to show that it casually shared in producing death, but rather it must be shown that there was a causal connection. 38 C.F.R. § 3.312. Here, it is undisputed that the Veteran’s death was caused by lung cancer. However, service connection for the cause of the Veteran’s death requires more than just a showing that he had lung cancer. Rather, it must be shown that lung cancer was either directly or presumptively linked to his time in active service. However, the evidence of record fails to establish that the Veteran’s lung cancer either began during or was otherwise caused by his active service. Service connection may be granted on a presumptive basis for certain diseases associated with exposure to certain herbicide agents even though there is no record of such disease during service, if they manifest to a compensable degree any time after service, in a veteran who had active military, naval, or air service for at least 90 days, during the period beginning on January 9, 1962 and ending on May 7, 1975, in the Republic of Vietnam, including the waters offshore, and other locations if the conditions of service involved duty or visitation in Vietnam. 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307, 3.309(e), 3.313. This presumption may be rebutted by affirmative evidence to the contrary. 38 U.S.C. § 1113; 38 C.F.R. §§ 3.307, 3.309. The appellant asserts that that the Veteran’s lung cancer was due to herbicide agent exposure during his active service. She asserts that the Veteran told her that he would be flown by helicopter into the Republic of Vietnam for 90 days at a time. She also asserted that the Veteran told her that he had an “extremely high” security clearance. The Veteran’s service records show that he was stationed in Texas, Pakistan, and Germany. Neither the Veteran’s service personnel records, nor his service treatment records, make any mention of any service in Vietnam. While the Veteran did have top secret clearance for a period of time, it appears this was in conjunction with his work with the headquarters of the security branch of the Air Force. There is no suggestion that he was sent abroad (beyond his being stationed in Germany and Pakistan) and a review of his performance reviews give a clear impression of his work in the personnel unit. The Veteran’s occupation in the Air Force was a personnel specialist. It appears that the appellant is clearly aware of the need to show that the Veteran was exposed to herbicides during service, as she had the Veteran’s death certificate amended to include Agent Orange as a cause of death. The first death certificate was issued on October 10, 2013, and listed the Veteran’s cause of death to be lung cancer and that was probable manner of death was natural. The second death certificate was issued on June 26, 2014, and listed the Veteran’s cause of death to be lung cancer and Agent Orange; however, the probable manner of death continued to be natural. Although the second death certificate notes Agent Orange, such a notation on a medical record has no legal weight in determining whether the Veteran actually had exposure to herbicide agents during his military service. The Veteran was not shown to ever have been in the Republic of Vietnam, or otherwise to have been exposed to herbicides during service, and as such, he is not entitled to presumptive service connection for lung cancer due to herbicide agent exposure. The Veteran’s STRs show that he had normal examinations of his lungs and chest throughout his active service. His STRs do not show any complaints, symptoms, treatment, or diagnosis of lung cancer. The claims file contains no competent medical opinion of record which even suggests that the Veteran’s lung cancer might be related to his active service. The Veteran died in September 2013. His death certificate lists the cause of his death as lung cancer. At the time of his death, the Veteran was not service connected for any disabilities. As such, he was not service connected for lung cancer, and the weight of the evidence is against a finding that the Veteran’s lung cancer began during his active service. Consequently, it is not shown that the lung cancer that caused the Veteran’s death was causally linked to his active service. The appellant has not submitted any competent evidence supporting her assertion that the Veteran’s lung cancer was due to his active service. Consideration has been given to the assertions of appellant that the Veteran’s lung cancer was due to his active service. She is clearly competent to report the Veteran’s symptoms of lung cancer. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). However, while the appellant may describe symptoms of lung cancer, she lacks the medical training or qualification either to diagnose the Veteran with lung cancer or to determine its etiology. Id. The Board would like to express that it is extremely sympathetic toward the appellant’s claim and is deeply appreciative of the Veteran’s military service, including his service during the Vietnam Era. Unfortunately, the evidence of record does not establish that the Veteran ever set foot in Vietnam or that his lung cancer was due to his active service. Accordingly, the claim for service connection for the cause of the Veteran’s death is denied. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Berryman, Counsel