Citation Nr: 20021135 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 18-19 113 DATE: March 24, 2020 REMANDED Entitlement to service connection for cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from July 1943 to August 1966. His awards and decorations include the Silver Star. The appellant is the Veteran’s widow. The appellant seeks entitlement to dependency and indemnity compensation (DIC) benefits for the cause of the Veteran’s death. The Veteran died in October 2004 and the death certificate recorded the Veteran’s primary cause of death as aspiration pneumonia with advanced Parkinson’s disease as a secondary condition. At the time of the Veteran’s death, service connection was in effect for arteriosclerotic heart disease, evaluated as 30 percent, and non-compensable evaluations for hemorrhoidectomy, residuals of wounds of the neck, right arm and hand, dermatitis anterior chest, and hearing loss. The appellant asserts that the Veteran’s arteriosclerotic heart disease contributed to his death because the Veteran’s health was impaired. Review of the record reveals that the Veteran died at St. Johns Medical Center in Tulsa. Records from that facility reveal that in 2002 he apparently was admitted to the Claremont, Oklahoma Veterans Home. This was reportedly in conjunction with VA personnel. The record currently contains documents from St. Johns, but does not include documents from the Claremont Veterans Home. There is a letter seeking a release from the Appellant, that apparently was not returned. It is unclear, however, that a release would be needed if this is a VA facility. This matter must be clarified on remand. Further, in light of the evidence on file, and the Appellant’s contentions, the Board finds that VA should obtain a medical opinion that adequately addresses the potential relationship between the Veteran’s death and his service-connected disabilities. McLendon v. Nicholson, 20 Vet. App. 79 (2006). A remand is necessary in order to obtain a medical opinion addressing the question of whether the Veteran’s service-connected arteriosclerotic heart disease was a contributory cause of death; affected a vital organ resulting in debilitating effects and general impairment of health to an extent that would render Veteran materially less capable of resisting the effects of the diseases or injury which primarily caused his death; or materially accelerated his death. The matter is REMANDED for the following actions: 1. Make a determination as to whether the Claremont Veterans Home is a VA facility. If so, attempt to obtain all available records for this Veteran. If not, provide the Appellant an additional release form to attempt to obtain pertinent records. If those records are archived, they should be retrieved for association with the claims file. All attempts to obtain records, to include the clarification of any relationship between the Claremont Veterans Home and the VA should be fully documented in the claims folder. 2. After the above development has taken place, but whether or not records are obtained, arrange to have the Veteran’s claims file reviewed by an examiner with appropriate expertise. Following review of the claims file, the examiner should provide opinions for the following: a) Is at least as likely as not (a 50 percent probability or more) that the Veteran’s service-connected arteriosclerotic heart disease or other service-connected disabilities affected a vital organ resulting in debilitating effects and general impairment of health to an extent that would render Veteran materially less capable of resisting the effects of the diseases and injury which primarily caused the Veteran’s death? b) Is at least as likely as not (a 50 percent probability or more) that the Veteran’s service-connected arteriosclerotic heart disease or other service-connected disabilities materially accelerated the Veteran’s death? c) Is at least as likely as not (a 50 percent probability or more) that the Veteran’s service-connected arteriosclerotic heart disease or other service-connected disabilities singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto; contributed substantially or materially to the Veteran’s death; combined with another disorder to cause death; and/or aided or lent assistance to the Veteran’s death? The examiner must provide a complete rationale for all opinions expressed. If the examiner cannot provide the requested opinions without resorting to speculation, it must be so stated, and the examiner must provide the reasons why an opinion would require speculation. The examiner must indicate whether any further information is necessary to make a determination. The examiner must indicate whether an opinion could not be rendered due to limitations of knowledge in the medical community at large and not those of the particular examiner. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Scanlan, Associate Attorney 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.