Citation Nr: 20004444
Decision Date: 01/21/20	Archive Date: 01/21/20

DOCKET NO. 18-02 811
DATE: January 21, 2020

REMANDED

Entitlement to service connection for the cause of the Veteran's death is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1963 to January 1971 and from March 1971 to May 1983.  The Veteran passed away in October 2016.  The Appellant is the Veteran’s widow.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).   

1. Entitlement to service connection for the cause of the Veteran's death is remanded.

The Appellant contends that the renal disease and failure that caused the Veteran’s death was caused by exposure to herbicide agents in service.  The Veteran’s death certificate states that the cause of death was end stage renal disease (ESRD) and sepsis.  The Veteran wrote in a January 2007 statement that when he served on the USS Rupertus, the ship was off the coast of Vietnam for six months, at times so close that one could almost throw a rock to the shore.  The record contains a statistics sheet for the USS Rupertus indicating that the ship was in the Mekong Delta Area between June 1971 and December 1971, which overlaps with the time period when the Veteran’s personnel records show that he served on that ship.  The Board resolves doubt in the Veteran’s favor and finds that the Mekong Delta Area is within 12 nautical miles of the shore of Vietnam, which is sufficient to presume that the Veteran was exposed to herbicide agents during service.  Procopio v. Wilkie, 913 F.3d 1371.  Upon remand, a medical opinion should be obtained to consider whether the renal failure that caused the Veteran’s death was caused by exposure to herbicide agents, or any other incident of service.

The matters are REMANDED for the following action:

1. Forward the claims file to an appropriate clinician to determine the nature and etiology of the end stage renal disease that caused the Veteran’s death.  The clinician must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s end stage renal disease was related to an in-service injury, event, or disease, including exposure to herbicide agents.  

The opinion offered must be supported by a complete rationale.  

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Appellant’s satisfaction, send the Appellant and her representative a Supplemental Statement of the Case and 

 

provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.  

 

 

U. R. POWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Budd, 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.