Citation Nr: 18149345 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 08-02 479 DATE: November 9, 2018 REMANDED 1. Service connection for chronic obstructive pulmonary disease (COPD), for accrued benefits purposes, is remanded. 2. Service connection for cirrhosis of the liver, for accrued benefits purposes, is remanded. 3. Service connection for the cause of the Veteran’s death is remanded.   REASONS FOR REMAND The Veteran served on active duty from March 1957 to February 1961. He died in October 2006. The appellant is his surviving spouse. The case is on appeal from a February 2007 rating decision. The Board denied the claims on appeal in a February 2013 decision. The appellant appealed that decision to United States Court of Appeals for Veterans Claims (Court). In an August 2014 memorandum decision, the Court vacated such decision and remanded the claims to the Board. Thereafter, the Board remanded the claims for additional development in June 2015. 1. Service connection for chronic obstructive pulmonary disease (COPD), for accrued benefits purposes. 2. Service connection for cirrhosis of the liver, for accrued benefits purposes. 3. Service connection for the cause of the Veteran’s death. The June 2015 Board remand asked the RO to obtain the Veteran’s private treatment records identified by the appellant in an April 2015 correspondence (noting at least six providers or facilities). The RO sent the Veteran a letter in June 2017 regarding a possible records request. It appears that the appellant responded with authorizations and some of the private treatment records. However, it does not appear that there was an attempt to locate a complete set of these records. Thus, this should be accomplished on remand. See Stegall v. West, 11 Vet. App. 268 (1998). Thereafter, another medical opinion should be obtained in regard to the claim of service connection for the cause of the Veteran’s death. The Court’s August 2014 memorandum decision included a vacate of the two accrued benefits claims. A reasons and bases error in the Board’s prior denial was identified for the cirrhosis claim. The Board notes that, given the date of death of the Veteran, these two issues remain accrued benefits claims and no substitution is permitted. See 38 C.F.R. § 3.1000. Cf. 38 C.F.R. § 3.1010 (allowing for substitution if a claimant dies on or after October 10, 2008). Thus, the two accrued benefits claims are to be considered based on evidence in the file at the date of death. The Board will also remand these claims as they have been previously considered to be intertwined. The appeal is REMANDED for the following actions: 1. Obtain all private treatment records identified by the appellant in the April 2015 correspondence and June 2017 Authorization to Release Information with the use of the appellant’s authorization as necessary. Make at least two (2) attempts to obtain records from all identified sources. If any such records are unavailable, the file must be clearly documented to that effect and the appellant notified in accordance with 38 C.F.R. § 3.159(e). 2. After completing the records development indicated above, forward the claims file to an appropriate VA examiner. Following a review of all of the evidence, including materials regarding jet fuel and liver conditions submitted by the appellant, and in consideration of accepted medical principles, the examiner should provide a medical opinion as to the following inquiries: (a.) State whether it is as at least as likely as not (a 50 percent or greater probability) that the Veteran’s COPD had onset during service or is otherwise related to service, to include as due to in-service exposure to jet fuel, including JP-4, or asbestos. (b.) State whether it is as at least as likely as not (a 50 percent or greater probability) that the Veteran’s cirrhosis of the liver had onset during service or is otherwise related to service, to include as due to in-service exposure to jet fuel, including JP-4, or asbestos. The examiner is specifically asked to discuss the Veteran’s 2006 VA treatment records indicating that his cirrhosis was due to “paint and other exposures in occupation and service.” (c.) If the Veteran’s COPD is found to be related to service, state whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s COPD caused or contributed substantially or materially to his death, or to intracerebral hemorrhage listed on the death certificate. A detailed rationale for all opinions offered should be provided. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Jimerfield, Associate Counsel