Citation Nr: 18154362
Decision Date: 11/29/18	Archive Date: 11/29/18

DOCKET NO. 13-25 422
DATE:	November 29, 2018
REMANDED
Entitlement to service connection for the cause of Veteran’s death is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1965 to October 1967, to include service in the Republic of Vietnam.  He died in November 2002.  The Appellant is his surviving spouse.  She seeks entitlement to service connection for the Veteran’s cause of death.  
This case comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  
The Appellant did not appear for her Board hearing scheduled in May 2016.  In May 23, 2016 correspondence, the Appellant’s representative stated that the Appellant was unable to attend the Board hearing due to medical reasons and requested that the Board make a decision based on the evidence of record.  Accordingly, the request for a hearing was considered withdrawn.  38 C.F.R. § 20.704(d).
1. Entitlement to service connection for the Veteran’s cause of death is remanded.
Although further delay is regrettable, the Board finds that additional development is required before a decision can be rendered on the merits of the claim.  
The August 2017 remand requested an addendum opinion in order to determine the nature and etiology of the Veteran’s cause of death.  It stated that the previous examiner found the Veteran did not have ischemic heart disease as alleged by Appellant, but that he did have chronic congestive heart failure and that the examiner did not provide an etiological opinion as to the Veteran’s congestive heart failure.  The record does not reflect that the AOJ made any attempt to obtain the etiology opinion.  A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand.  Stegall v. West, 11 Vet. App. 268 (1998).  Therefore, an additional remand of this issue consistent with the prior remand instructions regarding the etiological opinion is warranted.
The matter is REMANDED for the following action:
1. Return the claims file to the VA examiner who conducted the February 2012 DBQ.  The claims file and a copy of this Remand must be made available to the examiner. If the February 2012 examiner is not available, the claims file should be provided to an appropriate medical professional to render the requested opinion.
After reviewing the file, the examiner should address the following inquiries: 
(A)	 Is it at least as likely as not (i.e., a 50 percent or greater probability) that any principal or contributory cause of the Veteran's death had onset during, or is otherwise related to an injury, disease, or event that occurred during his active military service, including his presumptive exposure to herbicide agents while stationed in Vietnam.
(B)	 Is it at least as likely as not (i.e., a 50 percent or greater probability) that any coronary or respiratory disorder was manifested to a compensable degree within a year of separation from military service.  If so, please describe the manifestations and diagnosis.
A complete rationale should be given for all opinions and conclusions expressed.
 
M. HYLAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Ariasaif, Associate Counsel