Citation Nr: 20009749 Decision Date: 02/05/20 Archive Date: 02/05/20 DOCKET NO. 19-00 613A DATE: February 5, 2020 ORDER As new and material evidence has been received, the claim of entitlement to service connection for the cause of the Veteran’s death is reopened. REMANDED The issue of entitlement to service connection for the cause of the Veteran’s death is remanded. FINDINGS OF FACT 1. A March 2015 rating decision denied service connection for the cause of the Veteran’s death. The Appellant did not submit a timely notice of disagreement and the March 2015 rating decision is final. 2. The additional evidence received since the March 2015 rating decision that denied service connection for cause of the Veteran’s death is new and material. CONCLUSIONS OF LAW 1. The March 2015 rating decision that denied service connection for the cause of the Veteran’s death is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 2. New and material evidence to reopen the claim for service connection for the cause of the Veteran’s death has been presented. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from August 1965 to August 1968. The Veteran died in December 2014. The Appellant is the Veteran’s surviving spouse. Application to Reopen Claim of Service Connection for the Cause of Death A rating decision is final and is not subject to revision upon the same factual basis except upon a finding of clear and unmistakable error where a notice of disagreement or material evidence was not received within one year of notification of the decision. 38 U.S.C. §§ 5108, 7105; 38 C.F.R. §§ 3.156(b), 20.200, 20.300, 20.1103. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decision makers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. There is a low threshold to raise a reasonable possibility of substantiating the claim. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110 (2010); Evans v. Brown, 9 Vet. App. 273 (1996); Hodge v. West, 155 F.3d 1356 (Fed. Cir. 1998). New and material evidence received prior to the expiration of the appeal period will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. 38 C.F.R. § 3.156(b). A March 2015 rating decision denied service connection for the cause of the Veteran’s death “since evidence fails to show that it was related to military service.” The Appellant was informed in writing of the adverse decision and her appellate rights in March 2015. She did not submit a timely notice of disagreement. The evidence considered by the Department of Veterans Affairs (VA) in reaching the March 2015 rating decision includes service treatment records, service personnel records, the Veteran’s death certificate, and written statements from the Appellant. The service personnel records reflect that the Veteran served with the Air Force as a personnel equipment specialist at Korat Royal Thai Air Force Base (RTAFB) from August 1967 to August 1968. The service treatment records reflect that the Veteran was seen for urinary complaints. The Veteran’s December 2014 death certificate states that he died of bladder cancer at a nursing/long-term care facility. New and material evidence pertaining to the issue of entitlement to service connection for the cause of death was not received by VA or constructively in its possession within one year of written notice to the Appellant of the March 2015 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156(b). The additional evidence received since the March 2015 rating decision includes private treatment records and written statements from the Appellant. The private clinical documentation dated between 2007 and 2014 indicates that the Veteran was treated for several urological disorders including bladder cancer and benign prostatic hypertrophy. The Board of Veterans’ Appeals (Board) finds that the private clinical documentation is of such significance that it raises a reasonable possibility of substantiating the claim for service connection for the cause of the Veteran’s death when considered with the evidence previously of record. As new and material evidence has been received, the claim of entitlement to service connection for the cause of the Veteran’s death is reopened. REASONS FOR REMAND The issue of entitlement to service connection for the cause of the Veteran’s death is remanded. The claim for service connection for the cause of the Veteran’s death has been reopened. However, the Board finds that further development is needed before the claim can be adjudicated. A March 2015 written statement from the National Personnel Record Center indicates that it was “furnishing copies of pertinent documents” from the Veteran’s file. The documentation includes several service personnel records reflecting that the Veteran served with the Air Force at Korat RTAFB. The Board is unable to determine whether the Veteran’s complete service personnel file is of record. The Veteran’s December 2014 death certificate indicates that he died at the Country Meadows nursing/long-term care facility in Bridgeville, PA. Clinical documentation from that facility, including that pertaining to the Veteran’s final treatment, has not been requested for incorporation into the record. VA should obtain all relevant military documentation and private treatment records which could potentially be helpful in resolving the Appellant’s claim. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: 1. Ask the Appellant to complete a VA Form 21-4142 for the Country Meadows nursing/long-term care facility in Bridgeville, PA. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. (Continued on the next page)   2. Contact the National Personnel Records Center and/or the appropriate service entity and request that the Veteran’s complete service personnel records be forwarded for incorporation into the record. J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E.O., 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.