Citation Nr: 21067853 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 18-04 003 DATE: November 5, 2021 REMANDED Entitlement to service connection for cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from January 1966 to July 1967. He died in August 2017. The Appellant in this matter is his surviving spouse. In November 2021, the Appellant testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ). Entitlement to service connection for cause of the Veteran's death is remanded. The Veteran's death certificate indicates that his cause of death was acute chronic respiratory failure, kocuria bacteremia, pulmonary fibrosis, and agent orange exposure. Additionally, the death certificate notes that tobacco use "probably" contributed to death. See Death Certificate. The Veteran's service personnel records show he served in the Republic of Vietnam; therefore, his exposure to herbicide agents (Agent Orange) in service is presumed. In the Appellant's December 2017 VA Form 9, she stated that a private doctor had stated that exposure to Agent Orange while serving in Vietnam more than likely caused the Veteran's idiopathic pulmonary fibrosis. See December 2017 VA Form 9. The appellant testified to the same at the November 2021 Board hearing. Also, at the November 2021 Board hearing, the appellant's representative contended that although pulmonary fibrosis is not a disease subject to presumptive service connection, respiratory cancers are. In this regard, he maintained that pulmonary fibrosis is still a disease of the respiratory system. The Board finds that such evidence is sufficient to trigger VA's duty to assist to provide a VA medical opinion. See McLendon v. Nicholson, 20 Vet. App. 79, 81-84 (2006). Accordingly, remand is warranted for VA medical opinions consistent with the directives herein. The Appellant is advised that she may submit additional evidence, to include a medical opinion, while the claim is undergoing additional development. The matter is REMANDED for the following action: Obtain a VA medical opinion from an appropriate examiner addressing whether any of the Veteran's causes of death are related to his active duty service, to include exposure to herbicide agents. The claims file (including a copy of this remand) should be provided to and reviewed by the examiner in conjunction with the opinion. Following a review of the claims file, the examiner must provide an opinion as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that the Veteran's acute or chronic respiratory failure, kocuria bacteremia, or pulmonary fibrosis were etiologically related to any incident of active service, to include in-service exposure to herbicide agents. A rationale for all requested opinions should be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Talton, John H. 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.