Citation Nr: 18147955 Decision Date: 11/07/18 Archive Date: 11/06/18 DOCKET NO. 16-44 878 DATE: November 7, 2018 REMANDED Service connection for the cause of the Veteran’s death is remanded. Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C. § 1318 is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from January 1963 to October 1973. He died in May 2014, and the appellant is his surviving spouse. At the time of his death, the Veteran was pursuing multiple claims at various stages in the appellate process. However, he withdrew these matters in an April 2014 written statement. These issues were not returned to the Board for the issuance of a dismissal per standard practice. However, review of the claims file indicates that these appeals are no longer listed in active status in the Veterans Appeals Control and Locator System (VACOLS) and no further adjudicatory action has been taken since the April 2014 withdrawal. Thus, there is no action to be taken by the Board at this time. Instead, this procedural history is memorialized here simply to avoid future confusion. As to the current appeals, further development is necessary prior to their adjudication. The Veteran’s death certificate reflects an immediate cause of death of acute leukemia. The appellant has offered two theories of entitlement pertaining to the Veteran’s cause of death. First, she contends that his death was causally related to exposure to herbicide agents during service in Vietnam. Second, she contends that his death was causally related to exposure to jet engine fuel due to his duties as an aircraft mechanic. As to the first contention, VA has not been able to confirm the Veteran’s purported service in the Republic of Vietnam, and there is conflicting information regarding any such service. Notably, during his lifetime, the Veteran did not state or contend that he served in Vietnam; none of his VA treatment records or applications before VA mention such service. That said, a July 1965 service personnel record reflects that the Veteran volunteered for duty in Vietnam in April 1965. The Veteran’s DD-214 from this period of service noted that he had over three years of foreign or sea service, but the Veteran was not awarded any medals or decorations consistent with service in Vietnam. Heretofore, VA has focused on the contention that the Veteran could have gone to Vietnam in 1970. VA has not researched whether after the Veteran’s initial volunteering to go to Vietnam in 1965 whether he served there during his first period. Further investigation is required. Next, the appellant contends and has submitted articles relating the Veteran’s leukemia to his service as an aircraft mechanic, contending that he would have been exposed to jet fuel and other toxins as a result of this service, and that such exposure caused his leukemia. A January 2017 letter from the Veteran’s VA treatment provider linked the Veteran’s death to his service, but such was on the basis of radiation exposure and not to herbicide agent exposure or to exposure to jet fuel and other toxins. Though this opinion is not sufficient to serve as a nexus opinion, it does trigger VA’s need to obtain an opinion in this case. The matters are REMANDED for the following actions: 1. Conduct research with all indicated and appropriate sources as to whether the Veteran served in Vietnam at any time during his first period of service. Specifically, attention is drawn to the facts that the Veteran volunteered for such service in April 1965 and that, during his first period of service, he had over 3 years of foreign or sea service. 2. Request an advisory medical opinion from a VA examiner regarding the possible relationship of the Veteran’s leukemia to his active service. The examiner is requested to review the claims folder and copies of any electronic records to provide a medical opinion, based on a review of all the evidence in the record, as to the following: a. Whether the Veteran’s leukemia (listed on his death certificate as “acute leukemia” and referred to in the January 2017 letter as “chronic myelomonocytic leukemia-1) qualifies as a form of chronic B-cell leukemia or multiple myeloma; b. Whether the Veteran’s cause of death was at least as likely as not (50 percent probability or more) etiologically related to service, including exposure to herbicide agents or exposure to jet fuel and other environmental toxins. In formulating the opinions, the examiners are advised that the term “at least as likely as not” does not mean “within the realm of possibility.” Rather, it means that the weight of the medical evidence for and against the claim is so evenly divided that it is as medically sound to find in favor of the claim as it is to find against it. A complete rationale should be provided for all opinions or conclusions expressed. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Kovarovic, Associate Counsel