Citation Nr: 20046484 Decision Date: 07/13/20 Archive Date: 07/13/20 DOCKET NO. 16-59 929 DATE: July 13, 2020 REMANDED Entitlement to service connection for the Veteran’s cause of death is remanded. Entitlement to service connection for a fractured left wrist is remanded. Entitlement to service connection for a fractured right hip is remanded. Entitlement to service connection for a heart condition, to include a heart murmur, is remanded. Entitlement to service connection for diabetes mellitus, type II, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1961 to March 1983. The Veteran died in April 2014. The appellant is the Veteran’s surviving spouse. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In April 2019, a hearing was held before the undersigned. A transcript of the hearing is of record.   1. Service Connection for Cause of the Veteran’s Death The Board cannot make a fully-informed decision on the issue of entitlement to service connection for the Veteran’s cause of death because no VA examiner has opined whether that Veteran’s cause of death is related to service. The Veteran’s death certificate reflects that his immediate cause of death was cardiac arrest, with contributing causes of acute respiratory failure, ventricular tachycardia and ischemic cardiomyopathy. The Veteran’s January 1983 retirement examination report noted that he complained of shortness of breath and pain in the chest, first noticed in 1964, that occurred occasionally, etiology unknown. He had not been seen by a physician. A January 1983 electrocardiogram showed a probably recent anterior myocardial infarction. A February 1983 service treatment record noted that the assessment was possible silent coronary disease versus normal variant. At the Board hearing, the appellant testified that the Veteran complained about pain in his chest, had shortness of breath, and was easily fatigued. She testified that she noticed these symptoms after his retirement from service. As the Veteran’s service treatment records indicate the Veteran had symptoms relating to pain in his chest and a possible myocardial infarction in service, and the appellant’s testimony indicates those symptoms continued after service, a VA opinion is necessary addressing whether the Veteran’s cause of death is related to service. At the hearing, the appellant testified that the Veteran’s work as a recreation director at the U-Tapao Royal Thai Air Force base in Thailand meant he was working on many recreation fields. The Veteran’s service personnel records reflect that his responsibilities included the maintenance of athletic facilities. It is unclear from the evidence of record whether any of the recreation fields were near the perimeter of the base. On remand, the Agency of Original Jurisdiction (AOJ) should complete additional development to determine the Veteran’s exposure to herbicide agents while stationed in Thailand, to include whether the nature of his service there placed him along the perimeter of the base. Finally, in a November 2014 VA Form 21-4142, Authorization to Disclose Information to VA, the appellant identified relevant outstanding private treatment records, including records from J.N., M.P., R.T., and M.B. Some private treatment records from M.B. were submitted with the form, but it does not appear that the RO requested the records. A remand is required to allow VA to request these records. 2. Service connection for a Fractured Left Wrist, a Fractured Right Hip, a Heart Condition, and Diabetes Mellitus, type II. In November 2013, the Veteran filed a claim seeking service connection for a fractured left wrist, a fractured right hip, a heart condition, and diabetes mellitus, type II. The Veteran died prior to the AOJ issuing a decision on the claim. In April 2014, the appellant requested to substitute into these claims for purposes of completion. In a November 2014 decisional letter, the AOJ denied the appellant’s claims for accrued benefits. In her VA Form 21-0958, Notice of Disagreement, received in July 2015, the appellant specifically indicated that her appeal of the November 2014 decision included the denial of service connection for a fractured left wrist, a fractured right hip, a heart condition, and diabetes mellitus, which were the claims pending at the time of the Veteran’s death and would be the accrued benefits denied by the November 2014 decisional letter. 38 C.F.R. § 3.1010. Since the AOJ has not yet issued a statement of the case (SOC) in these matters, the Board must remand the claims for such issuance. 38 C.F.R. § 20.904(c); see Manlincon v. West, 12 Vet. App. 238 (1999). The matters are REMANDED for the following action: 1. Issue an SOC as to the matters seeking service connection for a fractured left wrist, a fractured right hip, a heart condition, to include a heart murmur, and diabetes mellitus, type II. Advise the appellant of her appeal rights. If an appeal is perfected in any of these matters, the case should be returned to the Board, if otherwise in order. 2. Ask the appellant to complete a VA Form 21-4142 for any relevant private treatment records, including records from J.N., M.P., R.T., and M.B (as previously identified in a November 2014 VA Form 21-4142). Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. 3. Request that the Joint Services Records Research Center (JSRRC), or other official source, investigate and attempt to verify the Veteran’s possible exposure to herbicide agents while serving at U-Tapao Air Field in Thailand as a recreation director from September 1972 to August 1973, including by determining, if possible, the proximity of the recreation fields, including the baseball fields, tennis courts, and the golf course, to the base perimeter. 4. After obtaining any additional records, obtain a medical opinion from an appropriate clinician. Based on review of the pertinent evidence of record, the examiner should provide the following opinion: a) Is it at least as likely as not (50 percent or greater probability) that any of the listed immediate, underlying, or contributory causes of the Veteran’s death (acute respiratory failure, ventricular tachycardia and ischemic cardiomyopathy) is related to an in-service injury, event, or disease? The examiner should review the January 1983 retirement examination report, which noted that the Veteran complained of shortness of breath and pain in the chest, the January 1983 electrocardiogram showing a possible recent anterior myocardial infarction, and the appellant’s testimony at the Board hearing indicating the Veteran complained about pain in his chest, had shortness of breath, and was easily fatigued after his discharge from service. b) If it is determined that service connection is warranted for any other disabilities (following readjudication of the appellant’s substitution claims), is it at least as likely as not (50 percent or greater probability) that any service-connected disability was a principal or contributory cause of his death. A complete rationale for all opinions must be provided. If the clinician cannot provide a requested opinion without resorting to speculation, it must be so stated, and the clinician must provide the reasons why an opinion would require speculation. The clinician must indicate whether there was any further need for information or testing necessary to make a determination. Additionally, the clinician must indicate whether any opinion could not be rendered due to limitations of knowledge in the medical community at large and not those of the particular examiner. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Marenna, 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.