Citation Nr: 21074432
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 15-06 446A
DATE: December 15, 2021

REMANDED

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

REASONS FOR REMAND

The Appellant is the surviving spouse of a deceased veteran (the Veteran) who had active service from September 1955 to November 1969.  He died in October 2010.  In December 2017, the Appellant testified before the undersigned Veterans Law Judge via videoconference and a hearing transcript is of record.

In a June 2020 decision, the Board denied entitlement to service connection for the cause of the Veteran's death. The Appellant appealed the Board's decision to the United States Court of Appeals for Veterans Claim (Court). In a June 2021 Joint Motion for Remand (JMR), the parties requested that the Court vacate and remand the claim for the Board to obtain a new VA medical opinion. Specifically, it was noted that the December 2014 examiner did not account for the Appellant's statement ("he would tell me about being on the ship and he was on the top bunk he could smell the [asbestos] that was above him"), as well as x-ray findings from April 2008 (noting "increased interstitial markings") and April 2009 (noting "interstitial and congestive-appearing changes)) in furnishing a negative medical nexus opinion. Thus, the Board finds it necessary to remand for obtaining a new medical addendum opinion that addresses the aforementioned records. 

The matter is REMANDED for the following action:

Obtain the following medical opinion. The examiner must review the complete claims file, including this Remand, and then address:

Whether the Veteran's cause of death (cardiorespiratory arrest, acute respiratory failure and emphysema) was at least as likely as not incurred in or otherwise related to his military service, to include the conceded asbestos exposure in service? 

In doing so, the examiner should expressly address the following:

	Appellant's statement ("he would tell me about being on the ship and he was on the top bunk he could smell the [asbestos] that was above him")

	April 2008 x-ray (noting "increased interstitial markings")

	April 2009 x-ray (noting "interstitial and congestive-appearing changes)

The examiner's attention is directed to the prior December 2014 VA medical opinion [in the file with an incorrect date of 5/13/2002], which, according to the joint motion in this case, did not sufficiently address the three pieces of evidence identified directly above.  

If any requested findings are not possible without resort to mere speculation, are not feasible, or otherwise cannot be provided, then the examiner must explain why with a full supporting rationale.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lee, Catherine

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.