Citation Nr: 18148281
Decision Date: 11/08/18	Archive Date: 11/07/18

DOCKET NO. 16-45 826
DATE:	November 8, 2018
REMANDED
Service connection for cause of death is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 1959 to April 1983.  He died in May 1992.  The appellant is the Veteran’s widow.
The appellant asserts that the Veteran’s death is related to his exposure to herbicide agents during military service in Vietnam.  Specifically, she asserts that the Veteran died from kidney, lung, and bone cancer as a result of his exposure to Agent Orange during two tours of duty in Vietnam from December 1966 to December 1967 and May 1970 to May 1971.  See March 1993 Statement.  The Veteran’s death certificate lists the cause of death as cachexia of malignancy.  The Veteran was not service-connected for a disability at the time of his death.  
The appellant submitted November 2014 and March 2017 private medical statements to support her claim.  The November 2014 statements is speculative in nature in that it notes a “possibility” of a relationship between Agent Orange and the Veteran’s kidney carcinoma as opposed to actually offering an opinion.  The March 2017 opinion is based in part on exposure to toxic exhausts from burn pits in Vietnam which is not evidenced in the record.  In addition, the physician did not discuss the significance, if any, of the Veteran’s smoking history.  Notably, an April 2010 discharge summary indicates the Veteran was a two pack per day smoker.  Given the above, the Board finds a medical opinion should be obtained in this case.  
While service dental records have been obtained, service treatment and personnel records are not on file.  These should be requested on remand.
The matter is REMANDED for the following action:
1. Obtain and associate with the record the Veteran’s complete service medical and service personnel records.  If any records are not available appropriate action should be taken to include notifying the appellant of the unavailability of the records.
2. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s kidney cancer is related to an in-service injury, event, or disease, to include exposure to Agent Orange and other herbicide agents while serving in the Republic of Vietnam.  The examiner is asked to comment on the significance, if any, of the Veteran’s smoking history.  
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A rationale for all opinions offered is requested as the Board is precluded from making any medical findings.
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Gonzalez, Associate Counsel