Citation Nr: 19166248 Decision Date: 08/27/19 Archive Date: 08/27/19 DOCKET NO. 17-38 877 DATE: August 27, 2019 REMANDED Entitlement to service connection cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Marine Corp from October 2002 to March 2011. Thereafter, he served with the United States Army Reserve with active duty service from August 2013 to August 2014. The Veteran died in December 2014. The appellants are the Veteran’s surviving minor children. This case is before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 Regional Office (RO) rating decision. In that rating decision, the RO denied entitlement to service connection for cause of the Veteran’s death. In April 2019, the appellants’ mother testified on behalf of the minor children at a video conference hearing at the RO before the undersigned Veterans Law Judge sitting in Washington, DC. A transcript of the testimony is associated with the claims file. Entitlement to service connection cause of the Veteran’s death is remanded. The appellants contend that the Veteran’s cause of death by suicide was due to a psychiatric disorder that had its onset in or is otherwise related to the Veteran’s active duty service. The Veteran’s service treatment records reflect that the Veteran had two deployments to Iraq and Afghanistan while serving in the United States Marine Corps and one deployment to Afghanistan while serving in the United States Army Reserve. The Veteran’s service treatment records show that he sought treatment for mental health issues from May 2014 to July 2014. A June 2014 service treatment record diagnosed the Veteran with occupational problems and combat and operational stress reactions. Thus, the evidence shows that the Veteran was diagnosed with a mental health disorder recent to the Veteran’s suicide in December 2014. See Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The appellants submitted a copy of the Veteran’s suicide notes that stated “I just let my emotions get the best of me and I am to twisted to get it all straight like people deserve.” The RO obtain a VA medical opinion in January 2017. The VA psychologist provided the medical opinion that there is no way to determine whether PTSD contributed to the Veteran’s suicide without resorting to mere speculation. She explained that there was insufficient evidence to confirm a diagnosis of PTSD for this Veteran or to determine whether the Veteran met the criteria for additional mental health diagnoses during his lifetime. The VA psychologist observed that there was a notation in the file that the Veteran’s ex-wife submitted his DD Form 214 and suicide note, which reportedly link his suicide to his military service, but these records were not available for review at the time of the opinion. The Board notes that the suicide note is associated with the February 2017 notice of disagreement. The psychologist also did not address whether the in-service diagnosis of combat and operational stress reactions was a principal or contributory cause of the Veteran’s death. Thus, another VA medical opinion should be obtained to determine if it is at least as likely as not that the Veteran’s suicide was caused by or related to active military service to include any psychiatric disorders. The matter is REMANDED for the following action: Arrange to obtain a medical opinion from a psychologist or psychiatrist addressing the relationship, if any, between the Veteran’s cause of death and his active military service. The opinion must reflect full consideration of the Veteran’s documented medical history with documented in-service mental health treatment, the Veteran’s service records, suicide note, the accident report, lay statements from the Veteran’s family, the appellants’ assertions, and the transcript of the April 2019 Board hearing. Following a review of all the relevant evidence, the reviewing psychiatrist or psychologist is requested to answer the following questions: (a.) Whether the Veteran’s diagnosed occupational problem and/or combat and occupational stress reactions at least as likely as not (i.e., a 50 percent or greater probability) was either a principal or a contributory cause of death. (b.) If the answer to (a) is negative, based on the medical and lay evidence of record, whether the Veteran had any other psychiatric disorder that at least as likely as not (i.e., a 50 percent or greater probability) had its onset in service or is otherwise related to active military service. (c.) If the answer to (b) is positive, then whether the psychiatric disorder(s) identified in (b) at least as likely as not (i.e., a 50 percent or greater probability) caused or contributed to the cause of the Veteran’s death. A complete, clearly-stated rationale for all conclusions reached must be provided. L. B. CRYAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Berry, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.