Citation Nr: 18145227 Decision Date: 10/26/18 Archive Date: 10/26/18 DOCKET NO. 16-31 309 DATE: October 26, 2018 REMANDED Entitlement to service connection for glioblastoma multiforme for accrued benefits purposes, is remanded. Entitlement to service connection for the cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1983 to February 2001. The Veteran died in October 2013. The Appellant is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Appellant filed a notice of disagreement (NOD) in April 2013. In April 2016, a statement of the case (SOC) was issued, and the Appellant filed a substantive appeal, via a VA Form 9, in June 2016. While the Board sincerely regrets this delay, the record reflects that further development is required with respect to the etiology and nature of the Veteran’s glioblastoma and cause of death. Initially, the Board notes that the above-noted claim for service connection for brain cancer was initiated by the Veteran in August 2013. Unfortunately, the Veteran died shortly thereafter in October 2013. Subsequent to the Veteran’s death, in December 2013, the Appellant filed an application for DIC, death pension, and/or accrued benefits. Again, the Appellant seeks service connection for glioblastoma multiforme. She contends that the Veteran was exposed to ionized radiation and other chemicals during his military service, which led to his developing glioblastoma multiforme that subsequently contributed to his death. The Veteran’s DD-214 shows that his military occupational specialty included that of an Explosive Ordinance Disposal Technician, and he worked in that capacity for over thirteen years. These duties and assignments suggest possible exposure to radiation and possible work near nuclear weapons systems, although the service records do not show screening in the Personnel Reliability Program or its predecessors. Tumors of the brain and central nervous system are considered radiogenic diseases under 38 C.F.R. § 3.311 (2017). Hence, VA must consider the claim for service connection under the provisions of 38 C.F.R. § 3.311. The RO does not appear to have considered the claim under that regulation. The Board notes, however, that as to the claim of accrued benefits, the adjudication of an accrued claim is limited to the evidence physically or constructively of record at the time of the veteran’s death. 38 C.F.R. § 3.1000 (a); see also Ralston v. West, 13 Vet. App. 108, 113 (1999); Hayes v. Brown, 4 Vet. App. 353, 360-61 (1993). However, the cause of death claim has no such limitations. The provisions of 38 C.F.R. § 3.311 compel the forwarding of all records pertaining to the Veteran’s radiation exposure in service to the Under Secretary for Health. The Under Secretary for Health is responsible for the preparation of a dose estimate, to the extent feasible, based on available methodologies. 38 C.F.R. § 3.311 (a)(2)(iii). In addition, a medical opinion addressing the Veteran’s other cause of death as well as service-connected disabilities should be obtained. The matters are REMANDED for the following action: 1. In accordance with 38 C.F.R. § 3.311 (a)(2)(iii), forward the Veteran’s records concerning claimed radiation exposure, to include service treatment records and personnel records showing duty assignments as an Explosive Ordinance Disposal Technician, to the Under Secretary for Health, for preparation of a dose estimate, to the extent feasible. If a specific estimate cannot be made, a range of possible doses should be provided. 2. If the above-requested development results in a positive dose estimate, the claim must be referred to the Under Secretary for Benefits for consideration under 38 C.F.R. § 3.311 (c). 3. Then, obtain a VA medical opinion to assist in determining the nature and etiology of the Veteran’s brain cancer. Specifically, the examiner should provide an opinion as to the whether it is at least as likely as not (50 percent or greater likelihood) that the Veteran’s brain cancer is related to his active service, including any verified radiation exposure, and if the cancer was manifest within year of death. The examiner should also opine as to the whether it is at least as likely as not (50 percent or greater likelihood) that the Veteran’s respiratory failure (the immediate cause of death) is related to his active service With regard to each of the Veteran’s service-connected disabilities (hypertension, low back strain, hearing loss in the right ear, and PTSD), the examiner should opine the following: (1) whether it is at least as likely as not that each disability contributed substantially or materially to death; (2) whether each disability aided or lent assistance to the production of death; (3) whether each disability resulted in debilitating effects and a general impairment of health to the extent that it rendered the Veteran less capable of resisting the effects of the causes of death; and (4) whether each disability was of such severity as to have a material influence in accelerating death. The examiner should provide a complete rationale for all opinions expressed and conclusions reached. 4. After ensuring that the requested actions are completed, re-adjudicate the claim on appeal to include under the pertinent radiation regulations. If the benefits sought are not fully granted, furnish a supplemental statement of the case (SSOC), and then return the appeal to the Board, if otherwise in order. J. CONNOLLY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Tiffany N. Hanson, Associate Counsel