Citation Nr: 18153945
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 14-25 772
DATE:	November 29, 2018
REMANDED
Service connection for the cause of the Veteran’s death is remanded.
 
REASONS FOR REMAND
The Veteran served on active duty from April 1940 to June 1964.  The Veteran died in October 1991.  The appellant is the Veteran’s surviving spouse.
The case is on appeal from an April 2013 rating decision.
In September 2014, the appellant testified at a Board hearing.
In March 2016, the Board reopened the appellant’s claim of service connection for the cause of the Veteran’s death.  The Board denied the claims of service connection for cause of death and entitlement to accrued benefits.  The Veteran appealed the part of the Board’s decision which denied service connection for the cause of the Veteran’s death to the United States Court of Appeals for Veterans Claims (Court).  In February 2018, the Court issued a Memorandum Decision in which it vacated the part of the Board’s decision which denied service connection for cause of death and remanded the issue back to the Board for readjudication consistent with the Memorandum Decision.
Service connection for the cause of the Veteran’s death.
In a July 2018 correspondence, the appellant requested to have the case remanded back to the RO for review of any additional evidence.  Thus, the Board will remand the matter on appeal to the RO pursuant to this request.  
As noted above, following the Board’s March 2016 denial of the cause of death claim, the Court issued a February 2018 Memorandum Decision vacating the denial.  The Court determined the medical examinations of record the Board relied on, including opinions dated January 2004 and May 2015, were not adequate to adjudicate the claim.  Specifically, the Court states:
While the examiners have broadly addressed whether the veteran’s welding work and the ingestion of particles caused or contributed to his death, it is unclear whether any examiner has considered the appellant’s contentions that the veteran burned his throat during the welding incident that caused the veteran’s eye injury and that the burning caused permanent damage to the veteran’s throat, making him more susceptible to pneumonia.
Thus, the Board finds an additional VA medical opinion is warranted pursuant to the Court’s Memorandum Decision.  The reviewer should determine whether the Veteran’s in-service injuries involving a welding accident and ingestion of welding particles contributed substantially or materially to his cause of death, to include whether a potentially burned throat made the Veteran more susceptible to pneumonia, which caused his death.
The matters are REMANDED for the following action:
A medical opinion should be obtained from a pulmonologist or similar medical professional with sufficient expertise to provide an opinion.  The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that an in-service event or injury, including the documented welding accident and ingestion of welding particles, caused, or contributed substantially or materially to the Veteran’s death.
The reviewer should fully address the appellant’s contentions, including that the Veteran burned his throat during the in-service welding accident which injured his eyes, and that the injury caused permanent damage to his throat making him more susceptible to pneumonia, which ultimately caused his death.
The reviewer should also discuss the November 2014 private medical opinion, as well as the other medical evidence of record.  A complete rationale should be provided for all opinions reached.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Isaacs, Associate Counsel