Citation Nr: 21009642
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 12-09 327
DATE: February 23, 2021

REMANDED

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

REASONS FOR REMAND

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

In August 2016, the Board remanded the claim for additional development.  The remand instructed the examiner to opine whether it was at least as likely as not that the Veteran’s service-connected residuals of melanoma caused or contributed substantially or materially to cause his death.  In particular, the examiner was asked to address the evidence which showed that the Veteran had malignant melanoma in service in 1982, after service in December 2006, and long-term kidney problems in February 1984 during service.  The examiner was also asked to address whether it was at least as likely as not that the Veteran’s melanoma in service led to the development of renal cell carcinoma in 2006.

In January 2019, a VA examiner reviewed the records and opined that the Veteran’s death was less likely than not caused or substantially contributed to by service-connected in-service malignant melanoma of the right arm.  The examiner reviewed the service medical records, government and non-government treatment records, death certificates, and other evidence from the claims file.  The examiner referenced specific medical literature and stated that there was no medical literature to support the role of a melanoma predisposing the Veteran to a renal cell carcinoma.  The examiner remarked that the Veteran’s last known visit following in-service treatment for melanoma was a private treatment record from 1982 which declared that the Veteran was “free of disease.”

The examiner’s report did not substantially comply with the Board’s remand request because the rationale did not address evidence that showed the presence of recurrent malignant melanoma in December 2006 or the February 1984 service medical record that documented long-term kidney problems or Appellant’s contention that a delay in treatment by VA contributed to her husband’s death.  Additionally, the examiner did not provide an opinion as to whether the Veteran’s long-term kidney problems documented during service may have caused or contributed to the cause of death from chronic and acute renal failure.  Therefore, there has not been substantial compliance with the Board’s previous remand directives regarding the claimed disability.  Therefore, remand is required for a complete opinion.  Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

Obtain a medical opinion regarding service connection for the cause of the Veteran’s death, as specified below.  The examiner is asked to provide opinions on the following:

(a.) Opine whether it is at least as likely as not (50 percent probability or greater) that the service-connected residuals of melanoma caused or contributed substantially or materially to cause the Veteran’s death from chronic and acute renal failure.  In particular, the examiner should address the evidence which shows that the Veteran had malignant melanoma in service in 1982, after service in December 2006, and long-term kidney problems in February 1984 during service.  

(b.) Opine whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s melanoma in service led to the development of renal cell carcinoma in 2006 or aggravated (increased in severity beyond the natural progress of the disorder) the renal cell carcinoma.

(c.) Address the Appellant’s contention that a delay in treatment by VA contributed to the Veteran’s death.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Cross, 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.