Citation Nr: 21073682 Decision Date: 12/09/21 Archive Date: 12/09/21 DOCKET NO. 16-52 238 DATE: December 9, 2021 REMANDED Service connection for the cause of the Veteran's death is remanded REASONS FOR REMAND The Veteran served on active duty from February 1952 to February 1955. He died in August 2009. The Appellant is his surviving spouse. This matter comes to the Board of Veterans' Appeals (Board) from a January August 2015 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The matter was previously remanded by the Board in a March 2019 decision and after the development requested therein has now returned for adjudication on appeal. 1. Service connection for the cause of the Veteran's death is remanded. The Appellant contends that the Veteran's cause of death should be service-connected due to in-service factors including exposure to contaminated water while stationed at Camp Lejeune, exposure to Agent Orange herbicides while stationed in Korea, as well as exposure to exhaust fumes as a tank crewman. The Veteran died in August 2009 and listed on his official death certificate as the immediate cause of death was asystole due to, or as a consequence of respiratory failure. At that time, the Veteran was only service connected for bilateral hearing loss and tinnitus. In a prior March 2019 remand order, the Board found additional development was required, to include obtaining a medical opinion, to determine whether any of the Veteran's significant disabilities during his lifetime to include cellulitis of the leg, type II diabetes mellitus with peripheral neuropathy, chronic obstructive pulmonary disease (COPD), coronary artery disease, and Parkinson's Disease, could be attributed to his military service in light of the circumstances of his service. In particular, it was noted that the Veteran's service personnel records reflect that he served at Camp Lejeune from October 1954 to February 1955 and, therefore, was presumed to have been exposed to contaminated drinking water. He also served as a tank crewman and received medals such as a Korean Presidential Unit Citation, and the Korean Service Medal with one star. Pursuant to the Board's remand, VA medical opinions were obtained, but the Board finds that these opinions were only partially responsive to the Board's directives and, therefore, not substantially compliant and, more significantly, not sufficiently adequate for the Board to currently render a decision on the claim. In particular, one opinion was obtained specifically addressing Parkinson's Disease and another opinion was obtained specifically addressing the Veteran's exposure to Camp Lejeune water contaminants and whether it could be related to his COPD, but no examiner commented as to the full picture of the Veteran's conditions and circumstances of service. The Board particularly notes that the February 2020 VA examiner limited the opinion in addressing whether the Veteran's COPD in particular was due to his in-service Camp Lejeune water contaminant exposure versus other factors, such as cigarette smoking. The examiner noted the Veteran's other serious health conditions, such as CAD, but did not comment on whether these other conditions were related to service or the Veteran's cause of death. Neither medical opinion, moreover, addressed the other circumstances of service, such as the Veteran's service in Korea and exposure to exhaust fumes working as a tank crewman. Thus, the full scope of the Appellant's reasonably raised theories were not fully addressed by the VA medical opinions of record. The Board has an obligation to consider and address all issues raised by either the claimant or the evidence. See Robinson v. Peake, 21 Vet. App. 545, 552-56 (2008), ("The Board commits error only in failing to discuss a theory of entitlement that was raised either by the appellant or by the evidence of record."), aff'd sub nom. Robinson v. Shinseki, 557 F.3d 1355 (Fed. Cir. 2009). Once a claim is uncovered the Secretary must "fully and sympathetically develop" that claim "to its optimum" to "determine all potential claims raised by the evidence, applying all relevant laws and regulations," regardless of how the claim is labeled by the veteran. Roberson v. Principi, 251 F.3d 1378, 1384 (Fed. Cir. 1998). As an aside, the Board notes that there is no presumption afforded to veterans stationed in Korea for herbicide exposure unless they served between April 1, 1968, and August 31, 1971, in a unit that, as determined by the Department of Defense (DoD), operated in or near the Korean Demilitarized Zone (DMZ), in an area in which herbicide are known to have been applied during that period. See 38 C.F.R. § 3.307(a)(6)(iv). Since it is necessary to remand the matter for other reasons, however, the Appellant should be given the opportunity to provide any information she may have of the Veteran's actual exposure to Agent Orange (or other) herbicides during his military service. For these reasons, corrective action is necessary. The matters are REMANDED for the following action: 1. Ask the Appellant to submit any statements or evidence in her possession related to the claim that the Veteran was exposed to Agent Orange (or any other herbicide) during his service in Korea; complete any development deemed necessary dependent on the information provided by the Appellant. 2. Request a VA medical opinion from an appropriate clinician. The claims file should be provided to this person. The examiner should review the record and determine whether: (a) aside from asystole and respiratory failure, which are listed on the Veteran's death certificate, whether any of the Veteran's other below listed health conditions "at least as likely as not" (50 percent or higher probability) were a principal cause or a contributory cause of the Veteran's death, to include: a. Chronic Obstructive Pulmonary Disease (COPD); b. Cellulitis of the Leg; c. Type II Diabetes; d. Peripheral Neuropathy; e. Coronary Artery Disease (CAD); or f. Parkinson's Disease. (b) For each condition/disease identified in (a) found to have caused or contributed to the Veteran's death, to include asystole and respiratory failure, opine as to whether the condition/disease was "at least as likely as not" incurred in or a result of the Veteran's military service, to include his duties as a tank crewman exposing him to exhaust fumes, his service in Korea, and/or his service on Camp Lejeune exposing him to contaminated drinking water. A complete rationale should be given for all opinions and conclusions expressed. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so, and state whether there is additional evidence that would permit the requested opinion to be made. 3. Undertake any other indicated development, and then readjudicate the issue on appeal. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Wilkinson, Edward L. 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.