Citation Nr: 21068596
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 15-18 438
DATE: November 10, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from July 1956 to July 1978.  He died in March 2014.  The appellant claims as his surviving spouse.

This matter is before the Board of Veterans' Appeals (Board) on appeal of a January 2015 rating decision of a Department of Veterans Affairs (VA) Regional Offices (RO).

In May 2019, the Board remanded this matter for further development, including a VA medical opinion.  The Veteran's claims folder returned to the Board, and in an April 2020 decision, the Board denied the appellant's claim.  The appellant appealed the Board's denial to the United States Court of Appeals for Veterans Claims (Court).  In June 2021, counsel for the Veteran and the Secretary of VA filed a Joint Motion for Remand (JMR).  An Order of the Court dated June 2021 granted the motion, vacated the Board's April 2020 decision, and remanded the case to the Board.  

 

Service connection for cause of the Veteran's death

The parties to the above-reference June 2021 JMR agreed that in denying the Veteran's cause of death claim, the Board did not provide an adequate statement of reasons or bases for its decision.  Specifically, the Board did not address an October 2014 statement from the appellant wherein the appellant reported that she "asked medical people for the[ir] opinion on [the Veteran's] health condition and all agreed that breathing in all of the fumes for 20 years and more caused his lung problems."  Further, the Board did not address whether this statement was competent and sufficient as a report of a contemporaneous medical opinion.  

As indicated above, it appears that the appellant has consulted medical professionals as to whether the Veteran's fatal chronic obstructive pulmonary disease (COPD) was related to his service, to include his breathing of fumes.  The Board finds that on remand, the appellant should be provided the opportunity to provide such opinion from these professionals.     

The matter is REMANDED for the following action:

1. Request the appellant to provide authorization to obtain any outstanding, relevant private treatment records.  After securing the necessary authorization, these records should be requested.  If any records are not available, the appellant should be notified of such.  The appellant should also be notified to submit any evidence from medical professionals in support of her claim, to include evidence of a relationship between the Veteran's fatal COPD and his service.  

2. Review the claims file to ensure that the foregoing requested development is completed, and arrange for any 

 

additional development indicated.  If the benefit sought remains denied, issue an appropriate supplemental statement of the case to the appellant and her attorney.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Arif Syed, 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.