Citation Nr: 19103294 Decision Date: 01/15/19 Archive Date: 01/11/19 DOCKET NO. 17-14 305 DATE: January 15, 2019 ORDER Service connection for the cause of the Veteran’s death is denied. FINDINGS OF FACT 1. The Veteran had active service from August 1950 to November 1951. 2. The Veteran died in October 1980. The Certificate of Death lists the immediate cause of death as hypertensive cardiovascular disease. 3. At the time of his death, the Veteran was not service-connected for any disabilities; the cause of his death is not related to service. CONCLUSION OF LAW The cause of the Veteran’s death was not caused by or proximately due to service. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 1310, 5103A, 5103(a) (2012); 38 C.F.R. §§ 3.102, 3.312 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION As a procedural matter, the appellant filed an initial claim for cause of death in October 1980. The claim was denied in a November 1980 letter decision. She did not appeal and the decision became final. There was no further correspondence from the appellant until she filed another claim for cause of death in March 2016. That claim was denied on the merits in May 2016. She appealed the May 2016 decision which forms the basis of this decision. Although the current claim was adjudicated on the merits rather than as a new and material claim, the Board finds no prejudice in such an adjudication and will similarly consider the claim on the merits. To establish service connection for the cause of a veteran’s death, the evidence must show that disability incurred in or aggravated by service either caused or contributed substantially or materially to cause death. For a service-connected disability to be the cause of death, it must singly or with some other condition be the immediate or underlying cause, or be etiologically related. For a service-connected disability to constitute a contributory cause, it is not sufficient to show that it casually shared in producing death, but, rather, a causal connection must be shown. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. There are primary causes of death which by their very nature are so overwhelming that eventual death can be anticipated irrespective of coexisting conditions, but, even in such cases, there is for consideration whether there may be a reasonable basis for holding that a service-connected condition was of such severity as to have a material influence in accelerating death. 38 C.F.R. § 3.312(c)(4). In such a situation, however, it would not generally be reasonable to hold that a service-connected condition accelerated death unless such condition affected a vital organ and was of itself of a progressive or debilitating nature. Turning to the evidence, the Veteran’s October 1980 Certificate of Death listed the immediate cause of death as hypertensive cardiovascular disease. There were no other conditions listed as contributing to his death. Turning first to the issue of whether a service-connected disability caused the Veteran’s death, it is significant that he was not service-connected for any disabilities at the time of his death. Therefore, service connection for cause of death based on a service-connected disability is not warranted. The next question is whether the cause of the Veteran’s death (hypertensive cardiovascular disorder) is etiological related to service. A review of the service treatment records (STRs) fails to show any complaints, treatment of, or diagnosis of hypertensive cardiovascular disease or heart disease of any kind. In the service entrance examination, the Veteran’s blood pressure was 100/80. The November 1951 separation examination did not list cardiovascular disease or any symptoms reasonably attributed to it. The heart and vascular system were clinically normal and the blood pressure reading was 128/74. Therefore, the disorder that caused his death was not shown in service. Post-service treatment records dated in October 1956 indicate the Veteran was admitted to the hospital with complaints of chest pain. The blood pressure was 120/80 and he denied having a history of hypertension. During this hospital visit, several electrocardiograms (EKGs) were taken but no definitive diagnosis could be made. The clinical evaluation of his heart was normal and he was discharged once his chest pain subsided. This evidence does not support the claim as the symptoms developed years after discharge, no heart-related diagnosis was made, hypertension was not shown, and no medical provider associated the symptoms with service. Further, neither VA nor private treatment records proximate to the Veteran’s death note any etiological connection between either his death, or the disorder listed on his Certificate of Death and service. The appellant has not made any contentions as to why she believes the Veteran’s death was due to service. Because there is no evidence that the Veteran’s cause of death was related to his service, the benefit of the doubt rule is not applicable and the appeal is denied. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Kokolas, Associate Counsel