Citation Nr: 21077581
Decision Date: 12/30/21	Archive Date: 12/30/21

DOCKET NO. 14-22 570
DATE: December 30, 2021

REMANDED

Entitlement to service connection for cirrhosis of the liver is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from August 1961 to December 1965.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  The appellant is the Veteran's surviving spouse, who has been substituted in as the claimant for the appeals pending at the time of the Veteran's death.  See December 2020 Substitution Letter.  The Board notes the matter was previously before the Board in March 2018 and March 2021.  In the most recent Board decision, the matter was denied service connection.  The appellant appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In a joint motion for partial remand (JMPR), the Court vacated the March 2021 Board decision denying service connection for cirrhosis of the liver only and remanded the matter back to the Board.

The Board notes the March 2021 Board decision remanded the issues of entitlement to an increased rating for left knee condition, service connection for left hip condition, back condition, and psychiatric condition.  These matters have not been certified back to the Board at the time of this decision.  Therefore, those issues may be addressed in a separate Board decision.

Upon readjudication, the Board finds a remand is warranted for a VA retrospective opinion.  The Board notes a VA examination is not ascertainable as the Veteran died prior to getting a VA examination for his cirrhosis of the liver.

The Board finds the evidence is currently unclear whether his cirrhosis of the liver could have resulted from his exposure to contaminated water at Camp Lejeune or was a result of his now service-connected liver cancer.  See Chotta v. Peake, 22 Vet. App. 80 (2008); see also Vigil v. Peake, 22 Vet. App. 63 (2008) (holding that the duty to assist may include development of medical evidence through a retrospective medical evaluation where there is a lack of medical evidence for the relevant time period).  The evidence of record fails to contain any medical examination or medical opinions.  As such, the Board finds that a retrospective opinion should be obtained to opine on whether the Veteran's cirrhosis of the liver was proximately caused by or the result of his active service.  See McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006).   

The matter is thus REMANDED for the following action:

The RO should obtain a retrospective opinion for the Veteran's cirrhosis of the liver claim from a qualified medical professional.  The examiner should review the claims folder, to include this Remand, and provide the following opinions with a supporting rationale:

(a.) Whether it is at least as likely as not (at least an approximate balance of positive and negative evidence) that the Veteran's cirrhosis of the liver manifested in service or is otherwise causally or etiologically related to his military service, to include conceded exposure to contaminated water at Camp Lejeune.

(b.) Whether it is at least as likely as not (at least an approximate balance of positive and negative evidence) that the Veteran's cirrhosis of the liver was caused or aggravated by the Veteran's service-connected liver cancer.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Glaeser, Jennifer

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.