Citation Nr: 18160999 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 17-04 371 DATE: December 28, 2018 REMANDED Entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran served from June 1998 to August 2002 and June 2007 to May 2008. He was deployed to Iraq for Operation Enduring Freedom (OEF), from June 2007 to June 2008, and was awarded the Combat Infantryman badge. He died in February 2014. The appellant is seeking benefits as his surviving spouse. This matter comes before the Board of Veteran’s Appeals (Board) on appeal from an October 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania, which denied the appellant’s claim for entitlement to service connection for the cause of the Veteran’s death. Service connection for cause of death is remanded. The Veteran’s Certificate of Death reflects that he died from a gunshot to the chest; the manner of death was deemed a suicide. At the time of the Veteran’s death, he was service connected for right shoulder strain, left knee strain, right knee strain, right elbow condition, bilateral pes planus (flat feet), and residuals right great toe injury. The appellant contends that the Veteran developed an adjustment disorder because of his service, which principally caused or contributed to his suicide. See January 2017 Form 9. Regrettably, before the Board makes a determination as to the Veteran’s entitlement to dependency and indemnity compensation on the basis of service connection for cause of death, further development of the record is necessary. No VA medical opinion has been obtained regarding the appellant’s claim for service connection for the cause of the Veteran’s death. Regarding VA’s duty to assist in claims development, the Federal Circuit has held that 38 U.S.C. § 5103A (a) applies to DIC claims. Wood v. Peake, 520 F.3d 1345, 1348 (Fed. Cir. 2008); DeLaRosa v. Peake, 515 F.3d 1319 (Fed. Cir. 2008). Under such statutory authority, VA is required to make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate his or her claim. 38 U.S.C. § 5103A (a)(1). The current record documents that the Veteran’s official cause of death was a self-inflicted gunshot womb to the chest. See Certificate of Death, February 2014. The record also shows the Veteran received a Combat Infantryman Badge for his service. See DD Form 214. Lastly, post service, the Veteran was diagnosed with adjustment disorder with mixed emotional features, including anxiety and depression. See January 2010 VA Treatment Record. Based on the foregoing, the Board finds that a VA medical opinion should be obtained to determine the nature and etiology of the Veteran’s cause of death. See 38 C.F.R. § 3.159; DeLaRosa v. Peake, 515 F.3d 1319 (Fed. Cir. 2008). Accordingly, the matter is REMANDED for the following action: 1. Obtain a VA medical opinion from a qualified VA examiner to determine whether or not the Veteran’s cause of death was related to his period of service. The claims file, including a complete copy of this remand, must be made available to the examiner for review prior to the examination. After reviewing the claims file, the VA examiner should offer the following opinions: a) Is it at least as likely as not (50 percent or greater probability) that the Veteran’s adjustment disorder, or any other diagnosed psychiatric disorder, was caused or aggravated by service or had its onset in his combat service. In rendering an opinion, the examiner must discuss the lay assertions that the Veteran’s psychiatric disorder was a direct result of his combat service. The examiner is reminded the Veteran received the Combat Infantryman Badge for his service. b) If the Veteran had a psychiatric disorder that was related to his service, is it at least as likely as not (a 50 percent or greater probability) that the Veteran’s psychiatric disorder was a principal cause of death or contributed substantially or materially to his death.? (Continued on the next page)   A complete rationale should be provided for all opinions. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Russell, Associate Counsel