Citation Nr: 20056829
Decision Date: 08/27/20	Archive Date: 08/27/20

DOCKET NO. 15-41 201A
DATE: August 27, 2020

REMANDED

Entitlement to service connection for the cause of the Veteran’s death is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Navy from October 1965 to October 1969.  He died in May 2013 and the appellant is his surviving spouse.  The appellant testified at a Board video conference hearing in November 2018 before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the record.

1. Entitlement to service connection for the cause of the Veteran’s death is remanded.

The appellant has asserted that the Veteran’s service-connected disabilities contributed to his cause of death.  The record contains a January 2020 medical opinion that states that the Veteran’s service-connected loss of motion of middle finger and condition of the skeletal system are less likely than not associated with his cause of morbidity late in life and eventual death.  However, the examiner did not address whether the Veteran’s service-connected diabetes mellitus, type II, contributed to the Veteran’s cause of death.  A remand is required to obtain an addendum opinion addressing this issue. 

The matter is REMANDED for the following action:

1. Obtain an addendum opinion from the examiner who provided the January 2020 VA medical opinions, if available.  Otherwise, obtain an addendum opinion from any appropriate medical professional. 

The examiner must opine whether it is at least as likely as not (i.e., 50 percent or greater probability) that the Veteran’s service-connected diabetes mellitus, type II, either caused or contributed substantially or materially to his death.

2. Readjudicate the issue on appeal.  If the benefit sought is not granted to the appellant’s satisfaction, send the appellant and her representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review. 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Zimmerman

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.