Citation Nr: 18156027 Decision Date: 12/06/18 Archive Date: 12/06/18 DOCKET NO. 16-37 519 DATE: December 6, 2018 REMANDED Entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran served in the Philippine Guerilla and Combination Service from July 1943 to March 1946. The Veteran died on February [redacted], 1977 and an original death claim was received on November 18, 2014. The appellant is the Veteran’s surviving spouse. This matter is on appeal from a May 2015 ratings decision for service connection for cause of death by bronchopneumonia. At the time of the Veteran’s death, service connection had not been established for any conditions. The Appellant, widow of the late Veteran, seeks entitlement to DIC to include consideration of the issue of service connection for the cause of the Veteran’s death. She asserts the Veteran’s cause of death, listed on his death certificate as bronchopneumonia, is a service-connected disability that contributed substantially or materially to the Veteran’s death. The Appellant also argues for the theory of presumptive service connection under 38 C.F.R. § 3.309 for the condition that caused the Veteran’s death. Upon review of the Veteran’s service treatment records (STRs), the Board finds that additional development is required before adjudicating the Appellant’s claim. In a July 2016 VA 21-4138 Statement in Support of Claim, the Appellant asserts that the processing affidavit and medical records from the Veterans Memorial Hospital where the Veteran was treated show that the Veteran’s condition of bronchopneumonia stemmed from his military service. The VA made reasonable attempts to obtain records from the Veterans Memorial Hospital, but the hospital responded that no records exist for the Veteran. The Appellant has explained the hospital did not retain records after ten years, but asserts that as the Veteran’s condition manifested within the presumptive period, no medical records are required to support the claim. Review of the Veteran’s STRs has a March 1946 Laboratory Report showing an examination of the chest with slight haziness in the left lower lung. The impression of this radiologic report was for Pneumonitis, left. The Board also notes that the Veteran’s STRs were submitted in February 2017, after the issuance of the January 2017 Supplemental Statement of the Case (SSOC). As there is no medical opinion on record addressing if this report has any probative value to determine if the Veteran’s cause of death is service connected, the Board finds it necessary to obtain a medical opinion to address this issue. VA must make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit and such efforts may include obtaining a VA medical opinion in a cause-of-death case to help substantiate the Appellant’s claim. 38 U.S.C. § 5103A(a)(1); Wood v. Peake, 520 F.3d 1345, 1349 (Fed. Cir. 2008); DeLaRosa v. Peake, 515 F.3d 1319, 1321-22 (Fed. Cir. 2008). Therefore, the Board finds that the evidence of record raises a question as to whether the Veteran’s March 1946 Laboratory Report for pneumonitis is related to the Veteran’s cause of death for service connection. As such, a medical opinion addressing such inquiries should be obtained. The matter is REMANDED for the following action: 1. Obtain and associate with the claims file all updated treatment records dated since January 2017. 2. After obtaining any outstanding records, obtain a VA opinion from an appropriate medical professional regarding the cause of the Veteran’s death. The claims file must be available to, and be reviewed by, the examiner. Following a review of all the relevant evidence, and considering accepted medical principles, the examiner is requested to address the following: The examiner is asked to address whether it is at least as likely as not (i.e., a probability of 50 percent or more) that the cause of the Veteran’s death (bronchopneumonia) is caused by or related to the Veteran’s active duty service. In making their opinion, the examiner must consider and discuss all pertinent medical and other objective evidence, specifically including the March 1946 Laboratory Report for Pneumonitis in the Veteran’s STRs. A complete rationale for all opinions expressed should be provided. 3. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Yang, Law Clerk