Citation Nr: 21061868 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 18-43 874 DATE: October 5, 2021 ORDER Entitlement to service connection for cause of death is denied. FINDINGS OF FACT 1. Service connection was not in effect for any disability at the time of the Veteran's death. 3. The weight of the evidence of record is against a finding that the Veteran had an in-service disease or injury resulting in disability that led to his death. CONCLUSION OF LAW The criteria for entitlement to service connection for the cause of the Veteran's death have not been met. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from May 1969 to November 1970. He died in November 2004, and the appellant is his surviving spouse. The Veteran's Death Certificate reflects that the cause of his death was cardiovascular heart disease, congestive heart failure, and/or diabetes. The appellant's primary assertion is that the disabilities resulting in the Veteran's death were due to his exposure to certain environmental factors while stationed in Okinawa, Japan as additionally evidenced by two high blood pressure readings during service. She also asserts alternatively that he may have also been suffering from an acquired psychiatric disorder that she and the Veteran's family had occasion to observe, and that this was implicated in the Veteran's death. The Board finds that the preponderance of the evidence is against the claim for service connection for the cause of the Veteran's death. Service connection for the cause of a veteran's death requires that a service-connected disability caused the death, or substantially or materially contributed to cause death. A service-connected disability is one that was incurred in or aggravated by active service, one that may be presumed to have been incurred during such service, or one that was proximately due to or the result of a service-connected disability. 38 C.F.R. § 3.312. The death of a veteran will be considered as having been due to a service-connected disability when such disability was either the principal or contributory cause of death. 38 C.F.R. § 3.312 (a). The service-connected disability will be considered the principal (primary) cause of death when such disability, either singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto. 38 C.F.R. § 3.312 (b). When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. When all of the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the claimant prevailing in either event, or whether a fair preponderance of the evidence is against the claim, in which case the claim is denied. Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). Here, a review of the Veteran's service treatment records, which appear to be complete, do not reveal any discussion of cardiovascular heart disease, congestive heart failure, and/or diabetes. Although it is noted that the Veteran did have blood pressure readings in December 1969 of 140/90 mmHg and in November 1970 of 120/84 mmHg, there is no indication that he was ever diagnosed to have hypertension or any other cardiovascular disorder, nor were there any complaints of other symptoms leading to such assessment. Additionally, there is no record indicating any symptoms or diagnoses of any acquired psychiatric disorders. Cardiovascular heart disease, congestive heart failure, diabetes, hypertension, and/or acquired psychiatric disorders are conditions that would have ordinarily been recorded during service during the normal course of treatment or examination for almost any disorder; therefore, the complete service treatment records, which were generated contemporaneous to service, are likely to accurately reflect the Veteran's physical condition, so are of significant probative value. See Kahana v. Shinseki, 24 Vet. App. 428, 437 (2011). The Veteran's service personnel records confirm that he was stationed in Okinawa, Japan, but are silent for any discussion indicating that the Veteran was exposed to any environmental factors that would lead to disability. No other medical evidence relating to the Veteran's treatment for any of the disabilities attributed to his death is of record, and no probative evidence indicates the Veteran's death may be linked to service, or that a service connected disability caused his death. Based on the above, the Board finds that the preponderance of the evidence is against the claim. 38 C.F.R. §§ 3.307 (a)(6), 3.309(e), 3.312. Here, there is no probative evidence that the Veteran acquired any disabilities during his lifetime that were incurred in service, to include cardiovascular disability, diabetes, or an acquired psychiatric disorder. The service records do not reflect the presence of any of these, and neither the appellant or her representative have shown themselves competent to link any of the disabilities the Veteran had during his lifetime to service, to establish that any environmental hazard exposure resulted in any of the Veteran's disabilities that led to his death, or to establish the Veteran was exposed to any environmental hazards during his military service. With no probative evidence linking the disabilities that caused the Veteran's death to his military service, the greater weight of the evidence is against the claim that service connected disability resulted in the Veteran's death. Accordingly, the appeal must be denied. MICHAEL KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Dodd, Ryan 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.