Citation Nr: 18160861
Decision Date: 12/28/18	Archive Date: 12/27/18

DOCKET NO. 14-39 111
DATE:	December 28, 2018
REMANDED
Entitlement to service connection cause of death is remanded.
REASONS FOR REMAND
The Veteran served on active duty with the U.S. Navy from May 1960 to September 1978.  The Veteran died in June 2010.  The Appellant is the surviving spouse of the Veteran.
The Appellant testified before the undersigned Veterans Law Judge via video conference on June 2018; the transcript is of record.
Entitlement to service connection cause of death is remanded.
Prior to the June 2018 hearing, the Appellant asserted that the Veteran’s cause of death is due to presumed herbicide exposure during his service in Vietnam.  The Veteran’s death certificate showed that the immediate cause of death is gastroesophageal cancer.  The Veteran was service connected for adenocarcinoma of the prostate and erectile dysfunction.  However, at the June 2018 hearing, Appellant’s representative offered that the Appellant is entitled to service connection for cause of death because the Veteran’s gastroesophageal cancer resulted from in-service exposure to asbestos.  In support of this, the Appellant submitted a VA memorandum from May 2002 which identified the jobs in the Navy with a probability of asbestos exposure.  The Veteran’s primary occupation during service was as an Engine Mechanic (Machinists Mate), which occupation appears on the VA Memorandum.  Accordingly, a remand for further development is warranted to determine to what extent the Veteran’s cause of death was caused by in-service exposure to asbestos.  
The matter is REMANDED for the following action:
1. The RO must contact the Appellant and afford her the opportunity to identify or submit any additional pertinent evidence in support of the issue on appeal, to include lay statement from individuals that have first-hand knowledge, and/or were contemporaneously informed of the Veteran’s cause of death.  
Based on her response, the RO must attempt to procure copies of all records which have not previously been obtained from identified treatment sources.  When requesting records not in the custody of a Federal department or agency, such as private treatment records, the RO must make an initial request for the records and at least one follow-up request if the records are not received or a response that records do not exist is not received.
2. Obtain a medical opinion as to the likelihood that the Veteran’s immediate cause of death, or any underlying cause of death, is related to his military service.  The claim file must be made available to the examiner for review.
Based on a review of the evidence of record and with consideration of the lay statements, the examiner is to provide an opinion as to whether the Veteran’s service, including the probability of the Veteran’s exposure to Agent Orange and/or asbestos in accordance with current guidelines, caused or contributed to the causes of the Veteran’s death as noted in the death certificate.  Any relationship to prostate cancer should also be delineated.
The examiner must provide a complete rationale for all opinions expressed.  If the examiner cannot provide the requested opinion without resorting to speculation, it must be so stated, and the examiner must provide the reasons why an opinion would require speculation.  The examiner must indicate whether there was any further need for information or testing necessary to make a determination.  The examiner must indicate whether an opinion could not be rendered due to limitations of knowledge in the medical community at large and not those of the particular examiner. 
 
MICHAEL D. LYON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Scanlan, Associate Counsel