Citation Nr: 21002343 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 16-54 154 DATE: January 13, 2021 ORDER Entitlement to service connection for the cause of the Veteran’s death is granted. FINDINGS OF FACT 1. The Veteran’s died of cardio-pulmonary arrest. 2. The Veteran’s long-term use of hydrocodone to treat his service-connected headaches contributed to his cardio-pulmonary arrest. 3. The Veteran was not a former prisoner of war (POW) and he was not in receipt of or entitled to receive compensation at the 100 percent rate due to service-connected disability for a period of at least five years immediately. CONCLUSION OF LAW The criteria for service connection for the cause of the Veteran’s death are met. 38 U.S.C. §§ 1110, 1116, 1310; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.309, 3.307, 3.310, 3.312. REASONS AND BASES FOR FINDINGS AND CONCLUSION As an initial matter, the Board expresses its sympathy to the Appellant for the loss of her husband and recognizes the excellent service he provided to the country during his service in the United States Navy. The Veteran served on active duty in the United States Navy from November 1967 to November 1968. The Veteran died in January 2016. His military decorations included a National Defense Service Medal and a Vietnam Service Medal with One Bronze Star. Entitlement to service connection for cause of death Service Connection – Cause of 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. See 38 U.S.C. § 1310 ; 38 C.F.R. § 3.312 (a). 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). Merits The Appellant contends that the Veteran’s use of hydrocodone for treatment of his service-connected headaches contributed to the Veteran’s death. The evidence supports the Appellant’s contention and the Board finds that service connection is warranted. The Veteran was service connected for a history of cerebral concussion with headaches in a March 1969 rating decision, this disability the result of five inch brass casing which detonated a foot away from the Veteran while his ship was engaged in a shore bombardment in Vietnam. Having established a service-connected disability, the next step is whether this disability contributed to or caused the Veteran’s death. 38 C.F.R. § 3.312 (c). The Veteran death certificate recorded that Veteran’s cause of death as cardio-pulmonary arrest. Thus, the evidence must show that the Veteran’s service-connected headaches and concussion residuals contributed or causes his cardio-pulmonary arrest. On this question, a November 2020 medical opinion was provided to the Board which etiologically linked the Veteran’s long-term use of hydrocodone for treatment of his service-connected headaches and his ultimate cardio-pulmonary arrest. The November 2020 opinion is well-reasoned and supported by a rationale and medical authorities. The Board finds that the November 2020 physician’s opinion is the most probative opinion on the issue as this physician was uniquely qualified to address the relationship between the Veteran’s cerebral concussion with headaches and his death and reviewed the Veteran’s medical history and provided a complete explanation for his findings. Given the above, the Board finds that all elements of service connection for the cause of the Veteran’s death have been met. Entitlement to service connection for the Veteran’s cause of death is granted. GAYLE E. STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Acosta, 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.