Citation Nr: 21069182 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 18-52 456 DATE: November 17, 2021 REMANDED Entitlement to service connection for cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1953 to October 1955. He died in April 2017. The appellant in the present appeal is the Veteran's surviving spouse. This matter is on appeal from a September 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The appellant initially requested a hearing before a Veterans Law Judge but withdrew her request for a hearing in October 2021. The Board notes that this matter has been advanced on the docket pursuant to 38 C.F.R. § 20.900(c). Entitlement to service connection for cause of the Veteran's death is denied. is remanded. Although the Board regrets the delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the claim for service connection for the Veteran's cause of death, so that the appellant is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 To establish service connection for the cause of a veteran's death, due to a cause not already service connected, the evidence must show that a disability that either was incurred in or aggravated by service, or which was proximately due to, the result of, or aggravated by a service-connected condition, was either a principal or contributory cause of death. 38 U.S.C. §§ 1101, 1112, 1113, 1310; 38 C.F.R. §§ 3.303, 3.307, 3.309, 3.310(a), 3.312(a); see also Allen v. Brown, 7 Vet. App. 439, 448 (1995); Cuevas v. Principi, 3 Vet. App. 542, 548 (1992), citing Rabideau v. Derwinski, 2 Vet. App. 141, 143 (1992). Here, the Veteran's death certificate indicates that he died in April 2017 with COPD listed as his immediate cause of death which had onset one month prior to the Veteran's death. No other causes of death were listed. At the time of his death, the Veteran was awarded service connection for total arthroplasty of his left knee due to degenerative joint disease, degenerative arthritis of the lumbar spine, left arm burn residuals, and a left knee scar. The Veteran's spouse argued on her September 2017 notice of disagreement that the Veteran's immobility, which she claims was caused by his service-connected disabilities, aggravated his COPD and contributed to his death. In support of this argument, the Veteran's spouse cited to medical articles and a June 2017 opinion from a private physician. The Board also notes that medical records indicate that the Veteran suffered a stroke that resulted in left hemiparesis for which the Veteran was not awarded service connection and for which entitlement to service connection has not been alleged. VA has not obtained an opinion on whether the Veteran's cause of death is related to a service-connected disability. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Therefore, there is no medical opinion of record regarding whether the Veteran's death-causing COPD was etiologically related to or aggravated by a service-connected disability. The Board finds that remand is warranted to obtain a VA opinion. The matters are REMANDED for the following action: 1. Obtain a VA opinion addressing the cause of the Veteran's death. The Veteran's claims file, to include a copy of this remand, must be made available to the examiner in conjunction with the examination along with any other information the medical professional deems pertinent. A note that it was reviewed should be included in the opinion. The examiner is asked to provide an opinion addressing the following: (a.) Whether it is at least as likely as not (50 percent probability or more) that the cause of the Veteran's death is proximately due to, or the result of, a service-connected disability. (b.) If not, whether it is at least as likely as not (50 percent probability or more) that the cause of the Veteran's death was aggravated beyond natural progression by a service-connected disability. (c.) In rendering the requested opinion, the examiner must note whether it is at least as likely as not that a service-connected disability contributed substantially or materially to the Veteran's death, combined to cause his death, or aided or lent assistance to the production of his death. See 38 C.F.R. § 3.312 (c)(1). 2. Then, readjudicate the claim. If the determination of the claim remains unfavorable to the Veteran, then issue a Supplemental Statement of the Case and afford him a reasonable period of time to respond before returning the case to the Board. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Palombi 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.