Citation Nr: 20021809
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 16-49 342
DATE: March 27, 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 Navy from August 1958 to November 1982, with service in the Republic of Vietnam. The Veteran died in April 2013. The appellant is the Veteran’s surviving spouse. This matter was previously before the Board in September 2019, when it was remanded for additional development. The matter now returns to the Board for appellate consideration.

Entitlement to service connection for cause of death is remanded.

The September 2019 Board Remand directed the RO to obtain a VA medical opinion to determine whether it is at least as likely as not that the Veteran’s cause of death was principally or contributorily caused by herbicide exposure, or any other incident of service, to include histoplasmosis with atypical bacteria. The RO has not attempted to obtain the directed medical opinion. As such, the matter must be remanded for compliance with the directives of the September 2019 Remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (Board remand confers a right on a claimant to compliance with the remand order).

The matters are REMANDED for the following action:

1. Obtain a VA nexus opinion as to the nature and etiology of the Veteran’s cause of death. A full medical history should be documented in the examination report. The claims file must be reviewed by the examiner. The examiner is asked to provide an opinion as to whether the Veteran’s cause of death (pneumonia and/or COPD) at least as likely as not (a 50 percent or greater probability) was principally or contributorily caused by herbicide exposure, or any other incident of service. All opinions must be supported by a detailed rationale and must reflect consideration of the Appellant’s lay contentions.

2. After the above development has been completed, readjudicate the issue on appeal. If the benefit sought remains denied, furnish the Appellant and her representative a Supplemental Statement of the Case and an appropriate amount of time for response. Thereafter, return the case to the Board for review.

 

 

U. R. POWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Baker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.