Citation Nr: 21064803 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 17-50 663 DATE: October 21, 2021 REMAND Entitlement to service connection for the Veteran's cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1964 to April 1966. He passed away on June 13, 2013. The Veteran's surviving spousethe Appellantfiled in November 2016 the instant claim for dependency and indemnity compensation (DIC) benefits. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 Rating Decision by a Department of Veterans Affairs (VA) Regional Office (RO). If further evidence, clarification of the evidence, correction of a procedural defect, or any other action is essential for a proper appellate decision, a Veterans Law Judge (VLJ) shall remand the case to the agency of original jurisdiction (AOJ), specifying the action to be undertaken. 38 C.F.R. § 20.904(a). According to the Appellant, the Veteran served aboard the U.S.S. America, which transported Agent Orange in the 1960s; this, in turn caused the Veteran's metastatic esophageal cancerhis cause of death. June 26, 2019, Motion to Advance on the Docket; April 14, 2017, VA Form 21-4138. In a claim for DIC benefits, VA's duty to assist a claimant is governed by 38 U.S.C. § 5103A(a), which requires only reasonable efforts to help substantiate a claim unless no reasonable possibility exists that such assistance would aid in substantiating the claim. Wood v. Peake, 520 F.3d 1345, 134950 (Fed. Cir. 2008). A New Jersey Department of Health Certificate of Death lists the Veteran's immediate cause of death as "respiratory failure" due to "esophageal cancer." A review of the Veteran's military personnel records (MPRs) verify that he served aboard the U.S.S. America; however, there is within those records neither an indication that that vessel transported Agent Orange nor that the AOJ conducted any research to verify that allegation. A November 2016 private letter from the Veteran's treating physician (Dr. D.I.) at the time of the Veteran's death stated that "[the Veteran] was also a Vietnam veteran exposed to 'Agent Orange' in the 1960s while serving in Vietnam. It is my medical opinion that the association between his exposure and his cancer diagnosis cannot be ruled out." A finding that the Veteran was exposed to Agent Orange is a dispositive element to substantiating the Appellant's DIC claim that is to be made by the Board. Because the AOJ has not provided any assistance to the Appellant by attempting to verify her assertion that the Veteran was exposed to Agent Orange aboard the U.S.S. America, it has failed its duty to assist, requiring remand. See 38 U.S.C. § 5103A(a), Wood, 520 F.3d at 134950; 38 C.F.R. § 20.904(a). The matter is REMANDED for the following action: 1. Conduct the necessary internal research to verify whether the U.S.S. America engaged in the transportation of Agent Orange and, if so, whether the Veteran served aboard the U.S.S. America during that time. All research attempts to verify this information must be documented within the claims file. 2. In the event it is determined that Agent Orange was transported aboard the U.S.S. America while the Veteran was assigned thereto, the AOJ must make a specific finding as to whether the Veteran was exposed to a toxic level of Agent Orange resulting from such transportation. 3. Based on the above research, conduct any other development deemed necessary, to include potentially securing a VA medical opinion, and then readjudicate the Appellant's claim. The Appellant has the right to submit additional evidence and argument on the matter that the Board has remanded. See Kutscherousky v. West, 12 Vet. App. 369, 372 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded for additional development or other appropriate action by the Board or United States Court of Appeals for Veterans Claims must be handled in an expeditious manner. 38 U.S.C. §§ 5109B, 7112. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Trevor T. Bernard, 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.