Citation Nr: 18155742 Decision Date: 12/06/18 Archive Date: 12/06/18 DOCKET NO. 16-58 296 DATE: December 6, 2018 REMANDED Entitlement to service connection for cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from October 1955 to September 1959. The Veteran died in June 2015 and the Appellant is his surviving spouse. The Appellant initially requested a hearing, but withdrew her hearing request in correspondence date May 2017. Entitlement to service connection for cause of death is remanded. The Appellant seeks service connection for cause of the Veteran’s death. VA Treatment records from June 2014 noted that there was a cardiology telephone contact regarding a device procedure that was cancelled for July 2014. The Appellant was noted to report that the Veteran’s weakness had returned, and that he had been admitted to a hospital. He was noted by the Appellant to be too ill to undergo the upgrade procedure to the implantable cardioverter-defibrillator; the Appellant requested that a hold be put on the plan for an upgrade. The Appellant was noted to have been advised that such was to protect him against sudden cardiac death given his current ejection fraction of 15 to 20 percent. The Veteran was noted to have previously expressed in a clinic appointment from June 2015 that he had ambivalence regarding the procedure and understood the risk of sudden cardiac death if he did not upgrade. The death certificate shows that the Veteran subsequently died in June 2015 at McLeod Hospice House. The sole cause of death listed was ischemic cardiomyopathy. There were no other significant conditions noted on the death certificate as the cause of death. On appeal, the Appellant contended that the Veteran’s death was contributed to by internal bleeding as a result of his service-connected peptic ulcer disease. She contended that the condition left him very weak and unable to eat a lot or keep food down, and that it brought on his heart problem that he died from. See Notice of Disagreement. The Appellant subsequently clarified her theory, in a March 2016 Statement in Support of Claim. She stated that the Veteran’s necessary surgery for the pacemaker upgrade had been postponed due to having many blood transfusions, he was not permitted to have surgery due to the transfusions, and that doctors at McLeod’s informed her that it was more likely that the loss of blood was coming from his (service-connected) peptic ulcer. She indicated that McLeod’s has the Veteran’s medical records, and indicated “please help” in closing. While there is a January 2015 upload of medical records from McLeod Regional Medical Center, there are no subsequent medical records from that facility associated with the record. The Appellant sets forth a theory that, if supported by competent evidence, could result in a finding that the Veteran’s service-connected disability was contributory to the production of the Veteran’s death. 38 C.F.R. § 3.312(c). A remand is required to allow VA to obtain authorization and request the records identified by her. The matter is REMANDED for the following action: 1. Obtain the necessary authorizations for, and make reasonable efforts to secure outstanding records in this case, specifically, records from McLeod Regional Medical Center and McLeod Hospice House. 2. After the development above has been completed, review the file and ensure that all development sought in this REMAND is completed. Arrange for any further development indicated by the results of the development requested above, and re-adjudicate the issue on appeal. If the determination remains adverse to the Appellant, the AOJ should furnish an appropriate supplemental statement of the case and afford the Appellant the opportunity to respond. The case should be returned to the Board for further appellate consideration, if in order, for further review. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. C. King, Associate Counsel