Citation Nr: 21070366
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 18-15 096
DATE: November 23, 2021

REMANDED

Service connection for pancreatic cancer is remanded.

Dependency and indemnity compensation (DIC) is remanded.

REASONS FOR REMAND

The Veteran served honorably in the United States Army from June 6, 1985 to July 18, 1985, from September 1986 to June 1993, and from February 2001 to October 2001.

Unfortunately, the Veteran passed away on May 11, 2017, and the Appellant is the Veteran's surviving spouse.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  This appeal is being adjudicated under the legacy appellate framework.

The Appellant testified at a personal hearing before the Board in March 2021, and a transcript of the hearing is of record.

This matter was previously before the Board, and, in June 2021, the Board remanded this matter for further development.

1. Service connection for pancreatic cancer is remanded.

At issue is whether the Veteran met the criteria for service connection for pancreatic cancer.  In in June 2021, the Board remanded this matter for a medical opinion in order to determine whether or not obesity served as a linking condition between the Veteran's previously service-connected disabilities and pancreatic cancer.  See VAOGCPREC 1-2017 (January 6, 2017).  The Veteran was provided a medical opinion in August 2021.  While the examiner made general observations that obesity is one of several risk factors for pancreatic cancer, the examiner did not answer the question as to whether the Veteran's previously service-connected disabilities caused the Veteran to become obese; and thus ultimately did not address whether or not the Veteran's previously service-connected disabilities did or did not serve as a linking condition for pancreatic cancer.  Therefore, this matter must be remanded in order to ensure substantial compliance with the Board's previous remand instructions.  Stegall v. West, 11 Vet. App. 268 (1998).

2. DIC is remanded.

DIC is inextricably intertwined with the above issue, and it must be remanded as well in order to avoid piecemeal appellate litigation.  Harris v. Derwinski, 1 Vet. App. 180 (1991).

The matters are REMANDED for the following action:

Arrange to provide the Veteran with a VA examination in order to address the following:

(a.) Is it at least as likely as not (50 percent or more) that the Veteran's previously service-connected disabilities caused the Veteran to become obese?  Why or why not?

(b.) What did cause the Veteran to become obese?  Why?

(c.) What is the medical significance, if any, of the limitations on the Veteran's physical activities caused by the Veteran's previously service-connected disabilities (such as his back disability)?  Why?

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	David R. Seaton, 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.