Citation Nr: 21001191 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 15-01 841 DATE: January 7, 2021 REMANDED Entitlement to service connection for cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1942 to December 1945 and December 1952 to January 1955. He passed away in July 1998, and the Appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) from a February 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In September 2018, the Appellant testified at a hearing before Veterans Law Judge (VLJ) Banfield. In October 2020, the Appellant testified at another hearing before VLJ Reiss. The Board notes that at the October 2020 hearing, the Appellant waived entitlement to a third Board hearing. See Arneson v. Shinseki, 24 Vet. App. 379 (2011). Cause of Death The Appellant contends that the Veteran died as a result of full-body and inhalation in-service exposure to mustard gas. She contends that his multiple myeloma was the result of his in-service gas exposure. The Veteran’s death certificate lists the immediate cause of death as pneumonia, respiratory failure and multiple myeloma; the contributory conditions were chronic obstructive pulmonary disease (COPD), hypertension, ischemic heart disease and acute renal failure. The Appellant asserts that the Veteran told her that he was exposed to mustard gas in service, including while he was imprisoned because he was several days late reporting back to his duty station. She reports that the Veteran participated in secret mustard gas trials multiple times during his service. In support of her claim, she also submits a February 1993 United States Government Accountability Office (GAO) report highlighting secret United States military chemical and biological warfare research experiments. See October 2020 third party correspondence. An August 2014 webpage printout of the Department of Defense Chemical Biological Warfare System does not show that the Veteran’s name was found in this system. However, given the Appellant’s detailed accounts of the Veteran’s statements regarding in-service mustard gas exposure, the Board finds remand is warranted for further development. The matters are REMANDED for the following action: 1. Contact all appropriate sources, to include the Joint Services Records Research Center (JSRRC) (if appropriate), to corroborate the alleged in-service exposure to mustard gas. 2. If it is not possible to corroborate the alleged exposure, enter a Formal Finding outlining all efforts undertaken. 3. After undertaking the above development, issue an addendum opinion addressing whether the Veteran’s cause of death is related to service. In issuing this opinion, the VA examiner should address the Appellant’s contentions regarding the February 1993 United States Government Accountability Office (GAO) report highlighting secret United States military chemical and biological warfare research experiments. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.Ijitimehin, Associate 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.