Citation Nr: 21076064 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 17-30 288 DATE: December 22, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1965 to March 1969. The Veteran died in July 2002. The appellant is the Veteran's surviving spouse. This matter is before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the appellant appeared at a videoconference hearing before the undersigned Veterans Law Judge, where she provided testimony regarding her appeal. A transcript is in the record. Entitlement to service connection for cause of death is remanded. The appellant seeks service connection for the cause of the Veteran's death as noted in her VA 21-534EZ Application for Dependency and Indemnity Compensation, received by VA in September 2015. The record reflect that the Veteran was not service-connected for any disabilities during his lifetime. The Veteran's death certificate indicates that his cause of death was cardiorespiratory failure and metastatic pancreatic cancer as noted on the July 2002 Death Certificate. There was no autopsy performed. The appellant has testified that the Veteran was exposed to many different chemical compounds and chemical spills during active service to include exposure to the chemical benzene. The appellant testified that she knew the Veteran during service, and that during their marriage he told her about his chemical exposure while working in storage facilities. The Board notes that the Veteran's Military Occupational Specialty (MOS) was noted as a material facilities specialist. The appellant also submitted a letter from a private physician dated in January 2017, noted that the appellant was concerning about the Veteran's exposure to benzene and that this should be investigated. Additionally, evidence submitted in November 2016 also includes medical articles showing the medical effects of exposure to benzene. The Board accepts this appellants competent testimony regarding her knowledge of the Veteran's service circumstances and submitted evidence as an assertion that the Veteran's pancreatic cancer, listed on his death certificate, could have caused by in-service exposure to benzene. Here the Board finds a VA medical opinion is necessary to determine whether the cause of the Veteran's death is directly or indirectly related to service. As discussed above, the appellant has submitted testimony indicating that the Veteran had exposure to benzene during active service and such exposure caused the diagnosed pancreatic cancer. As this testimony provides some indication that the cause of the Veteran's death could be related to service, the Board finds that a VA opinion is warranted. The Federal Circuit has held that section 38 U.S.C. § 5103A(a), rather than § 5103(d), applies to DIC claims. Section 5103A(a) directs that VA need obtain a medical opinion when such opinion is "necessary to substantiate the claimant's claim for a benefit." DeLaRosa v. Peake, 515 F.3d 1319, 1322 (Fed. Cir. 2008). In Wood v. Peake, the Federal Circuit held that 38 U.S.C. § 5103A(a) "only excuses the VA from making reasonable efforts to provide [a medical opinion], if requested, when 'no reasonable possibility exists that such assistance would aid in substantiating the claim.'" This matter is REMANDED for the following action: Obtain a medical opinion from an appropriate VA clinician regarding whether the cause of the Veteran's death is at least as likely as not (approximately 50 percent probability) related to service. This opinion should include whether the Veteran's cardiorespiratory failure and/or pancreatic cancer, both listed on his death certificate, were at least as likely as not caused by in-service exposure to benzene. **The examiner's opinion must address the appellant's testimony indicating that the Veteran's exposure to chemicals to include benzene caused the pancreatic cancer as well as the submitted article from the American Cancer Society. See 8/18/2021 Hearing Transcript; 11/09/2016 Correspondence.** (Continued on the next page) A comprehensive rationale for all opinions is to be provided. All pertinent evidence, including both lay and medical, should be considered. If an opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner (does not have the knowledge or training. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Dworkin, 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.