Citation Nr: 20028037 Decision Date: 04/22/20 Archive Date: 04/22/20 DOCKET NO. 17-15 229 DATE: April 22, 2020 REMANDED Entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1980 to March 1988. He died in May 2014 and the appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in January 2016 by a Department of Veterans Affairs (VA) Regional Office. In November 2018, the Board denied entitlement to service connection for the cause of the Veteran’s death. Thereafter, the appellant appealed such decision to the United States Court of Appeals for Veterans Claims (Court). In December 2019, the Court granted a Joint Motion for Remand (JMR), which vacated and remanded the Boards November 2018 decision for action consistent with the JMR. The case now returns for to the Board for further consideration. Entitlement to service connection for the cause of the Veteran’s death. The Veteran died in May 2014 with the cause of death listed as ischemic heart disease (IHD) on his death certificate. In November 2018, the Board denied service connection for the cause of the Veteran’s death based on a finding that such was not causally or etiologically related to any disease, injury, or incident during service, and a service-connected disability was not a principal or contributory cause of death. In regard to the latter determination, the Board found that the evidence of record did not show manifestations of a heart disability in service. Specifically, the Board acknowledged that December 1980 and October 1982 service treatment records showed complaints of chest pain and chest discomfort, respectively, that were attributed to upper respiratory infections; an October 1982 service treatment record showed complaints of various symptoms, including pain in the chest, diagnosed as moderate bronchitis; and a December 1986 service treatment record reflected complaints of chest pain and shortness of breath, which were attributed to tracheobronchitis. However, the parties to the JMR found that the Board did not consider a June 1987 retention examination that documented the Veteran’s complaints of chest pain and shortness of breath, but were not attributed to any known diagnosis, and a June 1987 service treatment record reflecting that the Veteran had high cholesterol. Thus, given the appellant’s contention that the Veteran’s heart disorder started on active duty and he continued to be treated for hyperlipidemia subsequent to service, the Board finds that a remand to obtain an opinion addressing whether the Veteran’s IHD had its onset in, or is otherwise related to, his military service is necessary to decide the claim. The matter is REMANDED for the following action: Forward the record to an appropriate VA examiner in order to obtain an opinion addressing the etiology of the Veteran’s cause of death. The record and a copy of this Remand must be made available to the examiner. Following a review of the record, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s fatal IHD had its onset in, or is otherwise related to, his military service, to include his in-service treatment for complaints of chest pain/discomfort and shortness of breath, or manifested within a year of his separation from service in March 1988, i.e., by March 1989. If such so manifested within a year of separation, the examiner is requested to describe the manifestations of such disease at that time. In offering such opinion, the examiner should consider that, while in-service complaints of chest pain/discomfort and shortness of breath were attributed to upper respiratory infections, bronchitis, and tracheobronchitis in December 1980, October 1982, and December 1986, a June 1987 retention examination reflected complaints of chest pain and shortness of breath that were not attributed to any known diagnosis and a June 1987 service treatment record reflected that the Veteran had high cholesterol. He or she should also consider that the Veteran continued to be treated for hyperlipidemia after service. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Waite 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.