Citation Nr: 21066223
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 18-42 040
DATE: October 29, 2021

REMANDED

Entitlement to service connection for the cause of the Veteran's death is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1949 to January 1950 and from November 1953 to October 1972. The Veteran died in January 2002. The appellant claims as the surviving spouse. 

A hearing was held before the undersigned veterans law judge in February 2021. The transcript is of record. During the hearing, the VLJ clarified the issues, asked if there was outstanding evidence and held the file open for the submission of evidence. Such actions comply with 38 C.F.R. § 3.103.

1. Entitlement to service connection for the cause of the Veteran's death is remanded.

The appellant argues that the Veteran's death, which was due to a cerebrovascular accident (CVA), was the result of his exposure to herbicide agents during his service in Thailand during the Vietnam War. Military personnel records show that the Veteran was stationed at Korat Royal Thai Air Force Base (RTAFB). Treatment records and lay statements show that the Veteran repeatedly reported having gone into Vietnam on support missions. The Board finds that further development is needed to ascertain whether the Veteran was exposed to herbicide agents during his service. 

Further, the Veteran's service treatment records show a complaint of chest pain in September 1972. At separation, the Veteran marked that he did not know if he had palpitation or pounding heart, heart trouble, or high or low blood pressure. No medical opinion is of record regarding whether the Veteran's cause of death is related to his service. A medical opinion should be obtained. 

The matter is REMANDED for the following action:

1. Attempt to verify the Veteran's asserted in-service exposure to herbicide agents.  If more details are needed, contact the appellant to request the information.  If there is still insufficient information to verify exposure to herbicide agents, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the appellant of VA's inability to verify the in-service herbicide agent exposure.

2. Obtain an opinion from an appropriate clinician regarding whether the Veteran's cause of death was at least as likely as not related to his active service. The entire claims file should be made available for review. A well-supported rationale must be included for any opinion provided. 

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the appellant's satisfaction, send the appellant and her

 

representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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.