Citation Nr: 21076287 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 18-01 455 DATE: December 23, 2021 ORDER Service connection for the cause of the Veteran's death is denied. FINDING OF FACT 1. The Veteran died in July 2016; the death certificate lists the immediate cause of his death as esophageal cancer and service-connected exposure to Agent Orange. 2. The Veteran's death is not related to his military service. CONCLUSION OF LAW The criteria for service connection for the Veteran's cause of death have not been met. 38 U.S.C. §§ 1110, 1310; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.310, 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1967 to November 1973, to include service in the Republic of Vietnam. This matter comes before the Board on appeal of a January 2017 rating decision which denied service connection for cause of death. The Appellant timely filed a notice of disagreement. Of note, the Veteran requested a Board hearing in her substantive appeal to the Board (Form 9). Notification was sent to the Appellant that due to the COVID-19 pandemic, her hearing would be scheduled virtually. See September 2021 Correspondence. However, this letter was returned to the VA as undeliverable. Phone contact was attempted and the phone number on file was disconnected and no contact was made with the Appellant. The Appellant did not attend the scheduled hearing. In November 2021, the Board contacted the Appellant again to inquire whether she continued to seek a Board hearing. No response was received. To establish service connection for cause of death, the evidence must show that a service-connected disability was either the principal or a contributory cause of death. 38 C.F.R. § 3.312(a). A service-connected disability will be considered as the principal (primary) cause of death when such disability, singly or jointly with some other disorder, was the immediate or underlying cause of death or was etiologically related thereto. 38 C.F.R. § 3.312(b). A contributory cause of death is inherently one not related to the principal cause. In determining whether the service-connected disability contributed to death, it must be shown that it contributed substantially or materially, that it combined to cause death, or that it aided or lent assistance to the production of death. It is not sufficient to show that it casually shared in producing death, but rather it must be shown that there was a causal connection. 38 C.F.R. § 3.312(c)(1). A veteran who had active military, naval, or air service for at least 90 days, during the period beginning on January 9, 1962 and ending on May 7, 1975, in the Republic of Vietnam is presumed to have been exposed to herbicides and the veteran is entitled to a presumption of service connection for certain diseases listed under 38 C.F.R. § 3.309(e). At the outset, the Board recognizes the Veteran's honorable service in the Republic of Vietnam from January 1966 to April 1967. As a result of this service, he is presumed to have been exposed to herbicide agents, such as Agent Orange, in service. See 38 C.F.R. § 3.307 (a)(6). The Veteran's Death Certificate lists the cause of his death as esophageal cancer and service-connected exposure to Agent Orange. Other conditions contributing to death were metastatic disease to liver and lung. At the time of his death, the Veteran was rated at 30 percent for posttraumatic stress disorder (PTSD). The Veteran was not service connected for esophageal cancer, liver disease, lung cancer, or any related lung or liver disorders. The Veteran's service treatment records are silent for any findings, complaints, or treatment for esophageal cancer or lung disorders, including cancer. His Report of Medical History completed at entry into service reported ear nose and throat trouble however, it appears this was related to treatment he received for a nosebleed. His separation examination in November 1973 indicated that his mouth and throat were normal. VA treatment records show that the Veteran was diagnosed with esophageal cancer in July 2015. July 2015 and February 2016 treatment records indicate that the Veteran's cancer metastasized to his liver and lungs and indicate the presumed origin of his metastatic adenocarcinoma was esophagogastric. The Appellant has alleged that the Veteran's lung cancer was the result of his exposure to Agent Orange. While lung cancer is a presumptive condition under 38 C.F.R. § 3.309(e), the medical evidence of record indicates that the Veteran's cancer began in his esophagus and metastasized to his liver and lungs. As such, the etiology of the Veteran's lung cancer has not been shown to be Agent Orange but instead was the result of his esophageal cancer. Esophageal cancer is not a condition listed under 38 C.F.R. § 3.309(e), as such, service connection cannot be established on a presumptive basis. The appellant must proffer direct evidence of how the Veteran's esophageal cancer was the result of his military service, to include any herbicide exposure therein. No evidence has been offered nor is any evidence from medical treatment records showing that the Veteran's esophageal cancer was related to herbicide exposure. As such, service connection for the Veteran's cause of death is denied. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jennifer M. Narvaez, Associate 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.