Citation Nr: 18148529
Decision Date: 11/07/18	Archive Date: 11/07/18

DOCKET NO. 16-27 793
DATE:	November 7, 2018
REMANDED
Entitlement to service connection for the cause of the Veteran’s death is remanded.

INTRODUCTION
The Veteran served on active duty from May 1967 to March 1969.  He died in December 2012; the Appellant is his surviving spouse.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania.
The Appellant’s original claim of entitlement to service connection for the cause of the Veteran’s death was denied in a March 2013 rating decision. After she timely submitted a notice of disagreement, the RO issued a statement of the case in September 2013.  The Appellant did not subsequently perfect an appeal and, thus, the March 2013 rating decision is final based on the evidence then of record.
In September 2014, the Appellant submitted claim to reopen the issue of entitlement to service connection for the cause of the Veteran’s death. In support of this claim, she submitted a November 2013 letter from Dr. Barry Weinstein indicated that the Veteran died suddenly from “heart disease.” The Board finds that this evidence is both new and material sufficient to reopen the claim. See 38 C.F.R. § 3.156; Shade v. Shinseki, 24 Vet. App. 110, 117 (2010). Accordingly, to this extent only, the claim is granted.
REASONS FOR REMAND
An opinion from a VA examiner was not obtained by the RO pursuant to the Appellant’s claim at issue here.
In order to comply with its duty to assist, VA must obtain a medical opinion when such opinion is “necessary to substantiate the claimant’s claim for a benefit.” DeLaRosa v. Peake, 515 F.3d 1319, 1322 (Fed. Cir. 2008). 
After considering the evidence of record, the Board finds a VA medical opinion must be obtained to determine if the Veteran’s death was etiologically related to his presumed inservice exposure to herbicidal agents and/or a service-connected disability.  
The matter is REMANDED for the following action:
1. The AOJ must obtain an opinion from a VA examiner regarding the cause of the Veteran’s death. A copy of this remand and the claims file must be made available to and reviewed by the VA examiner.  The examiner is asked to opine as to whether it is at least as likely as not (i.e., a 50 percent probability or greater) that the Veteran’s cause of death, cardiac arrest, was incurred in or due to his active duty service, to include as due to exposure to an herbicidal agent.  For purposes of this opinion, the examiner is asked to assume that the Veteran was so exposed.  The examiner is also asked to opine as to whether it is at least as likely as not (i.e., a 50 percent probability or greater) that the Veteran’s cause or death, cardiac arrest, was caused or aggravated by a service-connected disability.
A thorough rationale should be provided for any rendered opinion.
2. Once the above actions have been completed, the AOJ must re-adjudicate the Appellant’s claim.  If the benefits sought remain denied, a supplemental statement of the case must be provided to the Appellant and her representative.  After they have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 
T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Sean G. Pflugner, Counsel