Citation Nr: 21068661
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 18-10 169
DATE: November 12, 2021

REMANDED

Entitlement to service connection for cause of death is remanded. 

REASONS AND BASES FOR REMAND 

The Veteran served with the United States Air Force from June 1981 to June 1985. 

The Veteran died in September 2017. The Appellant is the Veteran's surviving son. The Appellant testified at a Board hearing in August 2020 before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a November 2017 rating decision issued by a Regional Office (RO) of the United States Department of Veterans Affairs (VA).

Entitlement to service connection for cause of death is remanded.

Although the additional delay is regrettable, the Board finds that remand is necessary. In particular, a remand is required to obtain an adequate medical opinion.

Here, the Appellant contends that the Veteran contracted HPV while serving in the United States Air Force. See January 2018 Notice of Disagreement. Additionally, the Appellant aruged that the Veteran's diagnosed human papilloma virus (HPV) was a contributory cause of his cancer, and that his HPV should have been service-connected as due to his service. See August 2020 Hearing Transcript. 

In support of his claim, the Appellant submitted a private medical opinion dated October 2017. The examiner concluded it was possible that the Veteran's HPV may have been contracted during his military service. The examiner reasoned that HPV could live undetected in one's body for many years without any symptoms or developing into cancer. Further, the physician concluded that the Veteran passed away as a result of disease recurrence and progression. Specifically, the physician found the Veteran's cancer was caused by HPV.  See August 2020 Medical Treatment Record. Unfortunately, while the October 2017 opinion is probative and weighs in favor of a positive conclusion, they do not go so far as to state that the Veteran's HPV was likely, or at least as likely as not (at least 50 percent likely), incurred in service or caused by service. Therefore, the Board finds there is not sufficient evidence to grant the claim.

In conclusion, as there appears to be insufficient competent medical evidence to address the appellant's theories for service connection for the Veteran's cause of death, remand is required.

The matter is REMANDED for the following actions:

Obtain an addendum opinion from an appropriate clinician regarding the Veteran's cause of death.

The entire claims file, to include a copy of this REMAND, should be made available to and reviewed by an appropriate physician. The physician must opine on:

Whether it is at least as likely as not that the Veteran had HPV while on active-duty service. If so, whether the Veteran's cause of death is at least as likely as not due to his HPV diagnosis.

The report of examination should, among other things, include a discussion of the (i) Appellant's documented history and assertions, (ii) medical articles citing a link between HPV and cancer (iii) October 2017 private medical opinion. See August 2020 Hearing Transcript, February 2018 Correspondence, August 2020 Correspondence, August 2020 Medical Treatment Record.  

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Emily A. Kotroco

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.