Citation Nr: 18156868 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 16-58 633A DATE: December 11, 2018 REMANDED Entitlement to service connection for cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1964 to September 1984. He died in March 2014. The appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on an appeal from a July 2014 decision of the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for cause of death is remanded. The Veteran died in March 2014. The death certificate lists the immediate causes of death as cardiac and respiratory arrest, septic shock, and necrotizing fasciitis. Other significant conditions contributing to death but not resulting in underlying causes of death were chronic venous stasis, morbid obesity, and chronic respiratory failure. The Board notes that the Veteran was not service connected for any disabilities at the time of his death. The Veteran’s DD Form 214 reflects that his military occupation specialty (MOS) included recreations services technician. In an April 2014 statement, the appellant reported that the Veteran served in the Air Force for 20 years and his MOS was recreational services. He worked on ball fields and golf courses, and had to spread and manually apply “all kinds of pesticides and herbicides daily for the upkeep and maintenance of the ball fields and golf courses.” She explained that he had wounds that did not heal and serious swelling issues that at times could be life threatening, such as his tongue swelling and cutting off his airway. The Board notes that there does not appear to have been development as to the Veteran’s claimed exposure to herbicides and pesticides during service. Specifically, the appellant stated that the Veteran’s was stationed at Whiteman Air Force Base (AFB), Ramey AFB Puerto Rico, Offut AFB, Blytheville AFB, Wheeler AFB, Kirtland AFB, Osan AFB Korea, Hanscom AFB, Scott AFB. She contends that he was exposed to herbicides and pesticides during his 20 years of service, which resulted in disabilities that eventually lead to the Veteran’s death. In addition, the Board notes that there is no medical opinion addressing whether the Veteran’s causes of death or contributory causes of death were due to or related to any in-service exposure to herbicides and pesticides. The Federal Circuit has held that the general duty to assist provision, 38 U.S.C. § 5103A(a), rather than the provision specifically addressing when medical examinations are required in compensation claims, 38 U.S.C. § 5103A(d), is applicable to claims for service connection for the cause of the Veteran’s death. Wood v. Peake, 520 F.3d 1345, 1347 (Fed. Cir. 2008); DeLaRosa v. Peake, 515 F.3d 1319, 1322 (Fed. Cir. 2008). While 38 U.S.C. § 5103A(a) does not always require VA to assist a claimant in obtaining a medical examination or assistance, such assistance is required whenever a medical opinion is “necessary to substantiate the claim,” and VA is excused from providing such assistance only when “no reasonable possibility exists that such assistance would aid in substantiating the claim.” Wood, 520 F.3d at 1348. In this case, it cannot be said that there is no reasonable possibility that a medical opinion would aid in substantiating the claim. Thus, a remand for a VA opinion to address the nature and etiology of the Veteran’s causes of death is warranted. The matter is REMANDED for the following action: 1. Contact the U.S. Army and Joint Services Records Research Center (JSRRC), or any other appropriate repository, to determine what pesticides and herbicides were used at Whiteman Air Force Base (AFB), Ramey AFB Puerto Rico, Offut AFB, Blytheville AFB, Wheeler AFB, Kirtland AFB, Osan AFB Korea, Hanscom AFB, Scott AFB during the Veteran’s time stationed there. 2. Request an opinion from an appropriate specialist physician. The physician should review the claims file, to include any findings with regard to the nature of his exposures to pesticides and herbicides. The physician should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s causes of death (cardiac and respiratory arrest, septic shock, and necrotizing fasciitis), or contributory causes of death (chronic venous stasis, morbid obesity, and chronic respiratory failure), had their onset during active service or are related to any in-service disease, event, or injury, to include reported exposure to pesticides and herbicides. For purposes of providing this opinion, the physician should presume that the Veteran was exposed to these chemicals as has been contended. The physician must provide reasons for all opinions and conclusions reached, to include addressing relevant lay contentions. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Leifert, Associate Counsel