Citation Nr: 18146557 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 16-37 946 DATE: October 31, 2018 ORDER Entitlement to service connection for the cause of the Veteran’s death is denied. FINDINGS OF FACT 1. The death certificate reveals that the Veteran died on August [redacted], 2014; the listed cause of death is pulmonary fibrosis. 2. At the time of his death, the Veteran was service connected for prostate cancer, type 2 diabetes mellitus, and erectile dysfunction associated with prostate cancer. 3. The Veteran’s pulmonary fibrosis is not shown to be causally related to service or any service-connected disability. 4. A service-connected disability, to include his service-connected prostate cancer, type 2 diabetes mellitus, and erectile dysfunction associated with prostate cancer, did not cause or contribute substantially or materially to the Veteran’s death. CONCLUSION OF LAW The criteria for entitlement to service connection for the cause of the Veteran’s death have not been met. 38 U.S.C. §§ 1310, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.312 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the U.S. Air Force from November 1966 to November 1970. He died on August [redacted], 2014. The appellant is his surviving spouse. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision by the Regional Office (RO) of the United States Department of Veterans Affairs (VA). Duty to Notify and Assist VA has a duty to notify and assist Veterans in substantiating a claim for VA benefits. 38 U.S.C. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.326(a) (2017). Neither the Veteran nor his representative have raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to duty to assist argument). Service Connection for the Cause of the Veteran’s Death Dependency and indemnity (DIC) benefits are payable to the surviving spouse of a Veteran if the Veteran died from service-connected disability. 38 U.S.C. § 1310 (2012). Service connection for the cause of a Veteran’s death is warranted if a service-connected disability either caused or contributed substantially or materially to the cause of the Veteran’s death. 38 C.F.R. § 3.312. The death of a Veteran will be considered as having been due to a service-connected disability when the evidence establishes that such disability was either the principal or a contributory cause of death. The issue involved will be determined by exercise of sound judgment, without recourse to speculation, after a careful analysis has been made of all the facts and circumstances surrounding the death of the Veteran, including, particularly, autopsy reports. 38 C.F.R. § 3.312(a). A service-connected disability will be considered as the principal, or primary, cause of death when such disability, singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto. 38 C.F.R. § 3.312(b). 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(c)(1); see also Gabrielson v. Brown, 7 Vet. App. 36, 39 (1994). The Veteran’s death certificate lists the cause of death as pulmonary fibrosis. Private inpatient treatment records from the Veteran’s final hospital stay in August 2014 verify this; the primary cause of death was listed as interstitial lung disease, pulmonary fibrosis, and secondarily acute on chronic hypoxic respiratory failure. Upon review of the Veteran’s service treatment notes, the Board notes that a clinical evaluation of the lungs and chest were normal upon enlistment. Upon separation from service, a September 1970 physical examination also yielded a normal clinical evaluation of the lungs and chest. Post-service, a September 2008 computed tomography (CT) scan identified lung fibrosis and emphysematous changes. Thereafter, the evidence of record reflects that the Veteran was admitted for a left pneumothorax and interstitial lung disease and died in August 2014. A VA medical opinion was obtained in June 2016. The VA examiner opined that the veteran’s service-connected prostate cancer, diabetes mellitus or erectile dysfunction or the medications used to treat these conditions or any other condition in-service treatment less likely than not caused or substantially contributed to the Veteran’s death. The VA examiner opined that the Veteran’s service treatment records do not reveal a diagnosis which would have at least as likely as not contributed to the Veteran’s death. It was reported that there were no chronic conditions in the service treatment records that affect a vital organ. The VA examiner further opined that the service-connected conditions or combination of his service-connected conditions less likely than not caused debilitating effects and general impairment of health to an extent that would have rendered the Veteran materially less capable of resisting the effects of the disease that primarily caused his death. The VA examiner cited the Veteran’s death due to complications of pulmonary fibrosis including the development of a spontaneous pneumothorax. The VA examiner reported that none of his service-connected conditions would have made him less capable of resisting the causes of his death, as the Veteran’s prostate cancer and diabetes were not affecting his lungs at the time of his death. The Board finds this opinion is entitled to probative weight, as the examiner’s opinion was based on a thorough medical examination and a review of the claims file. Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). As such, the Board finds the examination and opinion is of high probative value. There are no other opinions of record related to the appellant’s claim of service connection for the cause of the Veteran’s death. There is no competent evidence of record associating the Veteran’s pulmonary fibrosis to active service; the appellant has expressed her sincere belief in such a relationship, but as a layperson, she lacks the specialized knowledge and training required to render such an opinion. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The preponderance of the evidence is against the claim; there is no doubt to be resolved; and service connection for the cause of the Veteran’s death is not warranted. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. A. Ong, Associate Counsel