Citation Nr: 21068532 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 17-48 100A DATE: November 10, 2021 REMANDED 1. Service connection for esophageal cancer. 2. Service connection for a neck disorder. 3. Service connection for a right upper extremity disorder. 4. Special monthly compensation (SMC). 5. Service connection for the Veteran's cause of death. 6. A pension. 7. A death pension. 8. Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318. REASONS FOR REMAND The Veteran served on active duty for training (ACDUTRA) in the National Guard from October 1970 to April 1971 with additional National Guard service. He died in March 2016 and the appellant is his surviving spouse. The case is on appeal from an April 2017 rating decision. 1. Service connection for esophageal cancer. 2. Service connection for a neck disorder. 3. Service connection for a right upper extremity disorder. 4. SMC. 5. Service connection for the Veteran's cause of death. 6. A pension. 7. A death pension. 8. DIC under 38 U.S.C. § 1318. Prior to his death, the Veteran had pending claims of service connection for esophageal cancer, a neck disorder, and a right upper extremity disorder as well as SMC and a pension. In a February 2016 benefit application form, he claimed his esophageal cancer was due to in-service asbestos exposure. The appellant is seeking accrued benefits, service connection for the Veteran's cause of death, a death pension, and DIC under 38 U.S.C. § 1318. In a May 2016 statement, the appellant claimed that the Veteran's esophageal cancer was caused by in-service chemical exposures. She reported that the Veteran did not smoke or work with chemicals other than those used at a bowling alley. In an October 2016 statement, the appellant stated that the Veteran was exposed to asbestos located in mess halls and kitchens at Fort Knox, Kentucky during National Guard service as a food worker. In another October 2016 statement, the appellant's representative stated that the Veteran was a cook in the National Guard for over 20 years and he was exposed to asbestos at Fort Knox dining halls. The representative also stated that Fort Knox was known for high levels of asbestos during the Veteran's service. The representative also submitted a VA article discussing asbestos exposure for service members an article linking esophageal cancer to asbestos exposure. The Veteran's service personnel records (SPRs) show that he served on ACDUTRA from October 1970 to April 1971 and had additional National Guard service from June 1970 to September 1994. The SPRs also show that he served as a light vehicle driver and worked food service. The Veteran's post-service private treatment records show that an October 2013 cervical spine MRI was found to show cervicalgia, cervicobrachial syndrome, and a prior right clavicular fracture. In May 2014, the Veteran had surgery to revascularize the right upper extremity following a clavicular fracture. The Veteran reported some intermittent right upper extremity tingling. The treatment records also show that he was diagnosed with esophageal cancer in September 2014. In February 2016, a private treatment provider reported that he never smoking, rarely drinking, and did not use illegal drugs. The treatment provider noted that the Veteran's father died of lung cancer at age 62 and his mother was still living at 92 years of age. The Veteran died in March 2016. The death certificate lists underlying causes of death of metastatic esophageal cancer, acute kidney injury, and bowel obstruction. Just prior to the April 2017 rating decision, the RO noted that all necessary development had not been completed to associate the Veteran's service treatment records (STRs) with the file. However, no additional development was completed subsequent to this finding. The Board finds a remand is necessary for the accrued benefit claims to allow the RO to attempt to associate any outstanding STRs and SPRs with the Veteran's file. Thereafter, the RO should attempt to verify the claims that the Veteran was exposed to asbestos during ACDUTRA service. If asbestos exposure is verified, an opinion should be obtained to determine whether the Veteran's esophageal cancer was related to such exposure. In addition, the pension and DIC under 38 U.S.C. § 1318 claims are also remanded as they are intertwined with the accrued benefit claims on appeal. See 38 U.S.C. §§ 1318, 1521, 1541; 38 C.F.R. §§ 3.6(a), 3.22. These claims are REMANDED for the following actions: 1. Contact the appropriate service department and/or records custodian(s) with a request for copies of the Veteran's complete STRs and SPRs, to specifically include ACDUTRA service from October 1970 to April 1971 and additional National Guard service. All responses received should be associated with the record. 2. Complete all necessary development to determine if the Veteran was exposed to asbestos during service, to include periods of ACDUTRA service as a Light Vehicle Driver and kitchen worker at Fort Knox, Kentucky. All responses received should be associated with the record. 3. After completing the records development indicated above, obtain an opinion from an appropriate VA examiner to determine the nature and etiology of the Veteran's esophageal cancer. The entire claims file should be reviewed by the examiner. The examiner should then state whether it is as at least as likely as not that the esophageal cancer had its onset during service or is otherwise related to service, to include any verified asbestos exposure. A rationale should be provided for opinions expressed. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jimerfield, David 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.