Citation Nr: 21008233
Decision Date: 02/12/21	Archive Date: 02/12/21

DOCKET NO. 17-05 766
DATE:  February 12, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active naval service from December 1963 to December 1969. The Veteran died in June 2014, and the appellant is the Veteran’s surviving spouse.

The case is before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The appellant appeared at a Board hearing in January 2021. 

The appellant asserts that the Veteran’s death resulted from either exposure to radiation or asbestos exposure sustained during service. The Veteran’s death certificate shows that the Veteran died in June 2014 and the cause of death was listed as multiple myeloma.

The Veteran’s service personnel records show that his service duties were as an ordnance mechanic. He served aboard the U.S.S. George Bancroft and U.S.S. Von Steuben. The RO obtained a dose estimate based on his likely exposure to ionizing radiation during service. An advisory opinion was also obtained and indicated that it was unlikely that the Veteran’s multiple myeloma was caused by his ionizing radiation exposure during service. However, no opinion was obtained with regard to the alleged asbestos exposure during service. 

Based upon the Veteran’s duties and the period of his service, the early to late 1960s, his exposure to asbestos was probable. Consequently, the Board will concede asbestos exposure.

Based on the foregoing, the Board finds that a remand is necessary in order to determine whether in-service asbestos exposure was a principal or contributory cause of the Veteran’s death.

The matters are REMANDED for the following action:

1. Obtain an opinion from an appropriate examiner. The claims file must be made available to and reviewed by the examiner.

Based on a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or better) that the Veteran’s cause of death (multiple myeloma) was etiologically related to his in-service asbestos exposure. The examiner should presume that the Veteran was exposed to asbestos during active service.

The rationale for all opinions expressed must be provided. 

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2. Then, readjudicate the claim on appeal. If the decision is adverse to the appellant, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Cryan, 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.