Citation Nr: 21002255 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 17-29 967 DATE: January 13, 2021 REMANDED Entitlement to service connection for cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty with the U.S. Navy from July 1939 to July 1950. The Veteran died in November 1982. The Veteran’s spouse is the appellant in this matter. This case was previously before the Board in May 2020. The case was remanded for further development. 1. Entitlement to service connection for cause of the Veteran's death is remanded. The appellant argues that the Veteran’s cause of death was due to asbestos exposure after having served in the Navy for 11 years. He worked aboard ships and submarines. The Veteran’s DD Form 214 notes that his specialty was 35190-29 and the related civilian occupation was engineer V. There are very few medical records for the Veteran available in the claims file. As the Veteran died in November 1982, it highly unlikely than any medical records are available for the time surrounding the Veteran’s death. Even so, the death certificate indicates that the Veteran died at South Louisiana Medical Center in Houma, Louisiana (Terrebonne Parish). An attempt should be made to obtain medical records from this Medical Center for the time period around the Veteran’s date of death. An attempt should be made to obtain medical records from the Veteran’s physician, Mark Kappelman, M.D. The appellant asserts that M.K., M.D., stated that the Veteran’s cancer was not caused by the Veteran’s tobacco smoking. Opinions have been obtained in this case, but the Board does not find the opinions to be adequate. The July 2020 physician stated that the death certificate is void of asbestos related causes of death, and there is no record suggesting asbestos related lung disease. This is not correct. The tomography of record (undated) includes a finding suggestive of localized mesothelioma or pleural pseudotumor and pleural infarcts. The July 2020 physician explained that the tumor associated with asbestosis is mesothelioma. The tomography of record (undated) notes that the findings were suggestive of localized mesothelioma, or pleural pseudotumor or pleural infarcts. It noted that other possibilities are renal metastasis and pleural thickening caused by any occupational disease. The appellant argues that the Veteran’s physician stated that the Veteran’s lung disability was not due to smoking. The record indicates that the Veteran may have had multiple lung diseases. An opinion is needed as to whether the tomography shows asbestos damage and whether it is likely as not that the asbestos damage substantially or materially contributed to the Veteran’s death. The matters are REMANDED for the following action: 1. Ask the appellant to complete a VA Form 21-4142 for South Louisiana Medical Center (may be Associates now) in Houma, Louisiana (Terrebonne Parish). The Veteran appears to have sought treatment here around November 1982. Make two requests for the authorized records from South Louisiana Medical Center in Houma, unless it is clear after the first request that a second request would be futile. 2. Ask the appellant to complete a VA Form 21-4142 for Mark Kappelman, M.D. Make two requests for the authorized records from Mark Kappelman, M.D., unless it is clear after the first request that a second request would be futile. 3. After the above directives have been completed, obtain an addendum opinion from an appropriate clinician regarding whether the asbestos damage from service at substantially or materially contributed to the Veteran’s death. The opinion should include a discussion of the tomography which suggested mesothelioma and pleural pseudotumor or pleural infarcts. The tomography noted that other possibilities are renal metastasis and pleural thickening caused by any occupational disease. The Veteran served 11 years on ships and submarines in service. The Board acknowledges that the death certificate notes that the Veteran’s cardiorespiratory arrest was due to oat cell carcinoma of the lung, but the tomography suggests that the Veteran may have multiple lung disabilities that could have caused his death. (Continued on the next page)   4. Readjudicate the appellant’s claim, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand. If the decision remains adverse to the appellant, she and her representative should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto. KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Tahirih S. Samadani, 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.