Citation Nr: 20008322 Decision Date: 01/31/20 Archive Date: 01/31/20 DOCKET NO. 17-46 517 DATE: January 31, 2020 REMANDED Entitlement to service connection for the cause of death, as a result of exposure to herbicides, is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Army from April 1963 to January 1965. He had an additional period of active service with the United States Air Force from January 1966 to September 1984. He died in November 2016. This matter comes before the Board of Veteran’s Appeals (Board) on appeal from a March 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. In November 2019, the appellant testified at a Travel Board hearing before the undersigned Veterans Law Judge (VLJ). The appellant, widow of the Veteran, seeks entitlement to service connection for the cause of the Veteran’s death as a result of exposure to herbicides. As an initial matter, to establish service connection for the cause of a Veteran’s death, the evidence must show that a “service-connected” disability was the principal or contributory cause of the Veteran’s death. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. The Veteran’s death certificate identifies the immediate cause of his death as malignant neoplasm of bladder, secondary malignant neoplasm of bones contributed to by lung cancer and prostate cancer, none of which were service-connected disabilities. The appellant contends that the Veteran’s cause of death is the result of exposure to Agent Orange while the Veteran was stationed at Kadena Air Base in Okinawa, Japan. See 38 C.F.R. § 3.307(a)(6). The appellant has submitted numerous pieces of literature supporting her contention that Agent Orange was stored and/or used at Kadena Air Base. Military Personnel Records (MPRs) show that the Veteran did not serve in the Republic of Vietnam during the Vietnam era, and therefore exposure to herbicides cannot be presumed for the Veteran. Evidence on record needs to establish herbicide exposure to continue the presumption of service connection analysis. MPRs indicate that the Veteran was stationed at Kadena Air Base from November 1968 to May 1970; however, the Agency of Original Jurisdiction (AOJ) has not referred the case to the Joint Services Records Research Center (JSRRC) to corroborate the Veteran’s exposure to herbicides while stationed at Kadena Air Base. Without a report from the JSRRC determining whether the Veteran was exposed to Agent Orange, the Board cannot make an informed decision on the claim. As such, the Board finds that the AOJ should refer the case to the JSRRC for verification of the Veteran’s exposure to herbicides while in Japan. Moreover, a medical opinion addressing whether the cause of the Veteran’s death was due to Agent Orange exposure should be obtained upon remand of the appellant’s claim. See Combee v. Brown, 34 F.3d 1039, 1044 (Fed. Cir. 1994). The matters are REMANDED for the following action: 1. Refer the case to the JSRRC to verify whether the Veteran was exposed to herbicides while serving in Okinawa, Japan from November 1968 to May 1970. If exposure to herbicides is not corroborated, the AOJ should prepare a formal finding that sufficient information is required to verify herbicide exposure does not exist. 2. Arrange for an appropriate VA medical expert, preferably in the specialty of oncology, to provide an opinion as to the cause of the Veteran’s death. The claims file and a copy of this Remand must be made available to and be reviewed by the medical expert. The medical expert must indicate that the claims file was reviewed in conjunction with the report. The medical expert should address whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s cause of death, malignant neoplasm of bladder, secondary malignant neoplasm of bones contributed to by lung cancer and prostate cancer, as noted on his death certificate, is causally or etiologically related to his period of active service, to include exposure to Agent Orange while stationed at Kadena Air Base in Okinawa. A complete rationale for all opinions is requested. Citation to medical literature and accepted medical principles would be of assistance to the Board. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Fairlie, 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.