Citation Nr: 21065182 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 17-28 903 ORDER Service connection for the Veteran's cause of death (metastatic bladder cancer) is granted. FINDING OF FACT The Veteran was exposed to herbicide agents during his service in Vietnam; one of the primary causes of the Veteran's death was metastatic bladder cancer (which is presumptively service connected for Veterans with herbicide agent exposure). CONCLUSION OF LAW The criteria for service connection for the cause of the Veteran's death have been met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1116, 1310, 5107; 38 C.F.R. §§ 3.6, 3.102, 3.303, 3.304, 3.307, 3. 309, 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is the surviving spouse of a Veteran, with confirmed service in Vietnam. The Veteran served on active duty from November 1966 to October 1968, with confirmed service in Vietnam. This matter comes before the Board of Veterans' Appeals (Board) from an October 2016 rating decision from a Department of Veterans Affairs (VA) Regional Office. In April 2021, the appellant and her son testified at a hearing before the Veterans Law Judge. A transcript of the hearing has been associated with the claims folder. This appeal has been advanced on the Board's docket. 38 U.S.C. § 7107(b); 38 C.F.R. § 20.800(c). Duties to Notify and Assist Under the Veterans Claims Assistance Act of 2000 (VCAA), the VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C. §§ 5103, 5103A, 5107 38; C.F.R. §§ 3.102, 3.159, 3.326(a). As the Board is granting the full and greatest benefit available under applicable law, any deficiencies in VA's duties to notify and assist the appellant with her claim decided here are moot. Legal Criteria VA death benefits are payable to the surviving spouse of a veteran if the veteran died from a service-connected disability. 38 U.S.C. § 1310; 38 C.F.R. § 3.5, 3.312. To establish service connection for the cause of the Veteran's death, a service-connected disability must be either the principal or a contributory cause of death. 38 C.F.R. § 3.312(a). A disability is the principal cause of death if it was the immediate or underlying cause of death or was causally related to the death. 38 C.F.R. § 3.312(b). A disability is a contributory cause of death if it contributed substantially or materially to the cause of death, combined to cause death, aided, or lent assistance to producing death. 38 C.F.R. § 3.312(c). Direct service connection may be granted for a disability caused by disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. To establish service connection for a claimed disability, there must be evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the claimed in-service disease or injury and the current disability. Hickson v. West, 12 Vet. App. 247 (1999). If a veteran was exposed to herbicide agents during active service, presumptive service connection is warranted for certain specified diseases, including bladder cancer. See 38 C.F.R. §§ 3.307 (a), (b), 3.309(e). A veteran is presumed to have been exposed to herbicide agents if he or she had active military, service, in the Republic of Vietnam during the period from January 9, 1962, through May 7, 1975, unless there is affirmative evidence to the contrary. 38 U.S.C. § 1116 (f); 38 C.F.R. § 3.307 (a)(6)(iii). Factual Background The Veteran died in March 2004, the death certificate listed cardiopulmonary arrest and metastatic bladder cancer as the primary causes of death. At the time of his death, the Veteran was not service connected for any disabilities. Analysis The Veteran's service records show that he served in Vietnam during the Vietnam era. His exposure to herbicides is therefore presumed. See 38 U.S.C. § 1116 (f); 38 C.F.R. § 3.307 (a)(6)(iii). The Veteran's death certificate listed bladder cancer as one of the primary causes of death. Bladder cancer is one of the diseases subject to presumptive service connection based on herbicide agent exposure. Accordingly, presumptive service connection for bladder cancer is warranted. See 38 C.F.R. §§ 3.307 (a), (b), 3.309(e). Because the Board is granting service connection based on a presumptive basis, it is not necessary to discuss theories of direct service connection. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mintz, Allison 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.