Citation Nr: 20008166 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 16-40 870 DATE: January 30, 2020 ORDER Entitlement to service connection for cause of death is denied. FINDINGS OF FACT 1. The Veteran died on November [REDACTED], 2015. The cause of death was non-st elevation myocardial infraction due to ascites due to hepatic mass with diabetes mellitus and coronary artery disease. 2. At the time of his death, the Veteran was service-connected for injury affecting dorsiflexion, generalized anxiety disorder, ankylosis of the ring or little finger, and disease of the auditory canal. 3. A disability of service origin did not cause or contribute substantially or materially to the cause of death. CONCLUSION OF LAW The criteria for establishing service connection for the cause of the Veteran’s death are not met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 1310, 5103, 5103A; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 3.310, 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1951 to January 1954 and received the Purple Heart Medal. He died on November [REDACTED], 2015, and the appellant is his surviving spouse. This claim is before the Board of Veterans’ Appeals from a February 2016 rating action issued by the Agency of Original Jurisdiction (AOJ). The appellant had been scheduled to appear at a hearing before a Veterans Law Judge (VLJ) on January 10, 2020; she subsequently cancelled this hearing. Legal Analysis A Veteran’s death will be considered as being due to a service-connected disability when the evidence establishes that the service-connected disability was either the principal or a contributory cause of death. The issue involved will be determined by exercise of sound judgment, without recourse to speculation, after a careful analysis has been made of all the facts and circumstances surrounding the death of the Veteran, including, particularly, autopsy reports. 38 C.F.R. § 3.312(a). The service-connected disability will be considered as the principal (primary) cause of death when such disability, singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto. 38 C.F.R. § 3.312(b). A contributory cause of death is inherently one that is not related to the principal cause. In order for a service-connected disability to be determined as a contributory cause of a Veteran’s death for compensation purposes, it must be shown that it contributed substantially or materially; that it combined to cause death; that it aided or lent assistance to the production of death. It is not sufficient to show that it casually shared in producing death, but rather it must be shown that there was a causal connection. 38 C.F.R. § 3.312(c)(1); see also Gabrielson v. Brown, 7 Vet. App. 36, 39 (1994). Entitlement to service connection for cause of death The appellant contends that the Veteran’s cause of death warrants service connection. She offered no specific argument as to her claim for service connection. The Veteran’s certificate of death reflects that his cause of death was identified as non-st elevation myocardial infraction due to ascites due to hepatic mass with diabetes mellitus and coronary artery disease as signification conditions contributing to death. At the time of his death, the Veteran was service-connected for injury affecting dorsiflexion, generalized anxiety disorder, ankylosis of the ring or little finger, and disease of the auditory canal. The Veteran’s service treatment records (STRs) are silent for any complaints, diagnosis, or treatment for non-st elevation myocardial infraction, ascites, hepatic mass, diabetes mellitus, or coronary artery disease. The remaining record is silent for any evidence that the Veteran’s non elevation myocardial infarction, ascites, diabetes mellitus and coronary artery disease were incurred in-service or caused by injury or disease that began during a period of active duty service. Based on the foregoing evidence of record, the Board finds that service connection for cause of death is not warranted. First, none of the conditions noted on the Veteran’s death certificate as contributing to his death were service connected. Moreover, there is no competent medical evidence of record linking these disorders to service. In conclusion, the evidence does not show any relationship between the disabilities causing the Veteran’s death, and service. Accordingly, entitlement to service connection for the cause of the Veteran’s death is denied. In reaching this decision, the Board finds the benefit of the doubt doctrine is not applicable. 38 U.S.C. § 5107; 38 C.F.R. §§ 4.3, 4.7. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R.A. Elliott II, Associate 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.