Citation Nr: 21009037
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 16-03 190
DATE: February 18, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from August 1978 to August 1995.  He died in May 2012.  The appellant is the Veteran’s widow.  In connection with this appeal, the appellant testified at a hearing before the undersigned in November 2020.  A transcript of that hearing is of record.

This case has been advanced on the Board's docket.

In June 2012, the appellant reported that the Veteran had died in May 2012.  In July 2012, she filed her service connection claim for the cause of the Veteran’s death, which was denied in September 2012.

In November 2015, VA requested that the appellant submit the Veteran’s death certificate and medical records, including the Veteran’s final hospital summary.

At the November 2020 Board hearing, the appellant testified that she had submitted everything that was requested.  She testified that she had had trouble getting the Veteran’s medical records.  She read the cause of death from the Veteran’s death certificate.

The record was held open 60 days after the hearing in order to allow the appellant to submit additional medical evidence, to include a medical opinion regarding the cause of the Veteran’s death.  As of the date of this decision, the appellant has not submitted any additional evidence.

The claims file does not contain the Veteran’s death certificate or any supporting medical evidence.  It is not sufficient that the appellant assure the Board of what she believes those documents state.  The Board has determined to afford the appellant one final opportunity to submit the requested evidence.  The appellant is advised, however, that the duty to assist is not a one-way street and that she has an obligation to cooperate with VA in ensuring that duty is satisfied.  Kowalski v. Nicholson, 19 Vet. App. 171 (2005); Wood v. Derwinski, 1 Vet. App. 190 (1991).  Any failure to submit the requested evidence without good cause may result in an adverse determination.  38 C.F.R. § 3.655. 

The matter is REMANDED for the following action:

1. Contact the appellant and request that she provide a copy of the Veteran’s official death certificate.

2. With any necessary identification of sources and authorization by the appellant, obtain the Veteran’s outstanding medical records, to include his final hospital summary.

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Berryman, 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.