Citation Nr: 20063243
Decision Date: 09/26/20	Archive Date: 09/26/20

DOCKET NO. 19-06 098A
DATE: September 26, 2020

REMANDED

Entitlement to service connection for the Veteran’s cause of death, to include as secondary to exposure to contaminated water at Camp Lejeune, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from February 1964 to July 1968.  The Veteran died in February 1997 and the appellant is his surviving spouse.  

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

A May 1996 private medical treatment record identified other relevant outstanding private treatment records.  This record indicated that the Veteran had been referred to treatment for esophagael cancer after an original diagnosis and previous treatment at a Kaiser Permanente facility in Raleigh, North Carolina.  A remand is required to allow VA to obtain authorization and request these records.

Furthermore, the appellant’s electronic claims file does not contain evidence of a Veterans Claims Assistance Act of 2000 (VCAA) letter sent to the appellant in regard to her claim of service connection for the Veteran’s cause of death.  Thus, on remand, the RO must send the appellant a corrective VCAA letter regarding her claim for service connection for the Veteran’s cause of death.

The matters are REMANDED for the following action:

1. Send the appellant a VCAA letter with regard to her claim of entitlement to service connection for esophageal cancer and afford adequate time for a response. 

2. Ask the appellant to complete a VA Form 21-4142 for Dr. Cromartie, Kaiser Permanente of Raleigh, and any other private provider that may have records relevant to her claim.  Make two requests for the authorized records from any private provider for whom a completed VA Form 21-4142 is received, unless it is clear after the first request that a second request would be futile.

3. If any new medical records are obtained, obtain an addendum opinion from the examiner who provided the June 2020 VA medical opinion.  If the June 2020 examiner is not available, obtain an opinion from another qualified medical professional.  The examiner must review any evidence obtained since the June 2020 VA opinion and explain whether it justifies changing the conclusions in the June 2020 opinion.  A complete rationale should be provided for any opinion rendered.

4. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If any 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.