Citation Nr: 20046547 Decision Date: 07/13/20 Archive Date: 07/13/20 DOCKET NO. 17-61 496 DATE: July 13, 2020 ORDER Entitlement to service connection for the cause of the Veteran's death is denied. FINDING OF FACT 1. There has been substantial compliance with the directives of the Board’s June 2018 remand as VA attempted several times to have the Appellant assist in the development of the claim consistent with the Board’s June 2018 Remand. 2. On February [REDACTED], 2017, the Veteran’s died of pneumonia, complete stroke paralysis, and hypertensive cardiovascular disease. 3. At the time of the Veteran’s death, service connection was not in effect for any disability and there was no evidence indicating a relationship between any of the disabilities on the death certificate and service. 4. The preponderance of the evidence is against a finding that any disease or injury incurred in or aggravated by service caused or contributed materially to the Veteran’s death. CONCLUSION OF LAW The criteria for entitlement to service connection for the cause of the Veteran's death have not been met. 38 U.S.C. §§ 1103, 1110, 1112, 1116, 1310, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran was missing from September 1942 to March 1945, had recognized guerilla service from March 1945 to May 1945, and had Regular Philippine Army service from May 1945 to April 1946. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran died on February [REDACTED], 2017. The Appellant seeks surviving spouse benefits. In April 2018, the Appellant testified in a hearing before the undersigned Veterans Law Judge. The hearing transcript is of record. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c); 38 U.S.C. § 7107(a)(2). 1. Entitlement to service connection for the cause of the Veteran's death To establish service connection for the cause of the Veteran’s death, the evidence must show that a disability incurred in or aggravated by active service was the principal or contributory cause of death. 38 U.S.C. § 1310; 38 C.F.R. § 3.312(a). To constitute the principal cause of death, the service-connected disability must be one of the immediate or underlying causes of death, or is etiologically related to the cause of death. 38 C.F.R. § 3.312(b). To be a contributory cause of death, it must be shown that there were debilitating effects due to a service-connected disability that made the Veteran materially less capable of resisting the effects of the fatal disease or that a service-connected disability had material influence in accelerating death, thereby contributing substantially or materially to the cause of death. Lathan v. Brown, 7 Vet. App. 359 (1995); 38 C.F.R. § 3.312(c)(1). Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); Caluza v. Brown, 7 Vet. App. 498, 506 (1995). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA’s policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a). The Veteran died in February 2017. At the time of death, service connection had not been established for any disability. The official certificate of death lists the official causes of death as pneumonia, completed stroke paralysis, and hypertensive cardiovascular disease. There are no other causes listed, direct or underlying. The Veteran’s service medical records do not show any complaints, treatment or diagnoses related to the disabilities that caused or contributed to death, and there are no competent medical opinions of record indicating that there is any relationship between the Veteran’s service and his cause of death. The Veteran's February 1946 processing affidavit showed no wounds and illnesses were incurred during service. The Veteran's April 1945 physical examination noted normal lung, nervous system, and cardiovascular system findings. Additionally, the Veteran’s March 1946 report of physical examination noted normal lung, neurological, and cardiovascular system findings. The Appellant contends that the Veteran had cardiac, cardiovascular, and respiratory issues in-service that continued throughout the Veteran's life and led to his death. While the Board acknowledges the Appellant’s contention, the evidence of record does not support that claimed chain of causation. In support of the claim, the Appellant has provided copies of documents dated during the Veteran’s service which indicate that, in March 1946, the Veteran was treated for hypertension, a myocardial infarction, and pulmonary tuberculosis while in service. However, those photocopied records are highly inconsistent with and not supported by official records received from the Service Department. Notably, the official service treatment records contain no complaints, treatment, or diagnosis related to any of the death-causing conditions. Because of that discrepancy in records, the Appellant was asked to submit the original documents, in efforts to determine the authenticity of the documents provided. However, to date, the Appellant has failed to provide the original documents. Because of the failure by the Appellant to provide the original documents, the Board finds that the available service treatment and personnel records from the Service Department to be more credible and persuasive than the uncorroborated photocopied documents provided by the Appellant when considered in light of all the evidence. The duty to assist is not a one-way street. Where the claimant has information that is relevant to a claim, the claimant cannot wait passively, but must provide that information. Wood v. Derwinski, 1 Vet. App. 190 (1991). Because the appellant did not cooperate in providing original copies of the purported records, the authenticity of those records could not be determined. The Board finds that because those records are in disagreement with the official service records, and because the appellant has not provided original records to examine, that those records are not credible. Therefore, there is no credible evidence that any of the Veteran's causes of death began during service, were caused by an event or experience during service, or were manifest to a compensable degree within one year of separation from service. The Appellant has not provided any credible or persuasive evidence showing an in-service incurrence or aggravation of a disease or injury, nor any competent evidence that suggests a nexus between the claimed in-service disease or injury and the Veteran’s death. In considering the evidence of record, it is notable that none of the Veteran’s medical treatment providers have opined that the Veteran’s cause of death was at least as likely as not related to active service. The only evidence which relates the Veteran’s cause of death and service comes from the Appellant, to include in April 2018 Board hearing testimony. Here, the Board finds that VA’s duty to assist in this case does not required VA to obtain a medical opinion with respect to the claim for service connection for the cause of the Veteran’s death. 38 U.S.C. § 5103A; 38 C.F.R. §§ 3.159(c)(4), 3.326(a); McLendon v. Nicholson, 20 Vet. App. 79 (2006). In this case, the Appellant has only claimed that the Veteran’s death was related to disabilities that arose during active service. Service treatment records from official sources do not contain complaints, treatment, or diagnosis related to the death-causing conditions The Appellant has failed to provide any credible evidence showing any potential in-service injury, disease, or event to which the Veteran’s causes of death, pneumonia, completed stroke paralysis, and hypertensive cardiovascular disease, may be related. Therefore, the Board concludes that a VA medical opinion is not necessary to make a decision on the issue of service connection for the cause of the Veteran’s death. While the Appellant has asserted a chain of causation, the Appellant has not submitted any credible or persuasive evidence to support that claimed chain of causation. The Board finds that chain of causation was not sufficiently proximate to result in the need for an examination in order to adjudicate the claim. Thus, based on the record, there is insufficient evidence to establish that the Veteran died as a result of service. The Board also finds that the Appellant does not have the required medical training or expertise to provide a competent opinion as to the alleged chain of causation that has been presented. That requires medical training and no competent medical opinion has been provided to support that contention. In this regard, the Board finds that the evidence provided from the official sources, to include the service treatment records, and service personnel records, outweigh the lay statements provided by the Appellant. Although the Board is sympathetic to the Appellant’s claim, the criteria for an award of service connection for the cause of the Veteran’s death has not been presented. The Board finds that the available record does not show that that a service-connected disability caused, contributed, or hastened the Veteran’s death. Although the Board recognizes the Veteran’s honorable service on behalf of his country and is sympathetic with the Appellant’s loss of her spouse, in light of the evidence discussed above, there is no basis upon which to award service connection for the cause of the Veteran’s death. Regrettably, the Board must deny the Appellant’s claim for compensation for the cause of the Veteran’s death. The Board finds that the preponderance of the evidence is against the claim of entitlement to service connection for the cause of the Veteran’s death. Therefore, the claim must be denied. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Department of Veterans Affairs 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.