Citation Nr: 21015170 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 13-27 665 DATE: March 16, 2021 REMANDED Entitlement to service connection for cause of death is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1946 to June 1966, to include in the Republic of Vietnam. He was in receipt of a Purple Heart Medal. The Veteran died September 1987, and the Appellant is the Veteran’s surviving spouse. This case is before the Board of Veterans’ Appeals (Board) on appeal from an October 2010 rating decision by the Regional Office (RO) which is the Agency of Original Jurisdiction (AOJ). This claim has been before the Board previously. In March 2014 the Board reopened the previously-denied claim and remanded the merits of such to the AOJ for further development. That development was completed, and the claim was again considered by the Board in September 2014, when entitlement was denied. The September 2014 Board decision was appealed to the United States Court of Appeals for Veterans Claims (Court). A Joint Motion for Remand (JMR) was issued in June 2015, which vacated that decision and remanded it in order for the provision of an adequate statement of reasons and bases for its determination. The Board remanded the claim to the AOJ in July 2015 for compliance with the June 2015 JMR. The claim returned again to the Board in July 2017, when it was remanded for further development. In October 2020, VA obtained an additional medical opinion regarding the etiology of the Veteran’s death. Entitlement to service connection for cause of death Unfortunately, another remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record on which to decide the appellant’s claim so that she is afforded every possible consideration. Pursuant to the Board’s July 2017 remand, the AOJ obtained a new VA medical opinion to ascertain whether the Veteran’s death was caused by a disability that was proximately due to or the result of any incident of his active duty, including his conceded in-service exposure to herbicide agents due to his 366-day service in the Republic of Vietnam. The opinion was provided in December 2020, with the examiner stating that “there is insufficient evidence to show that a relatively brief presumed, or possible exposure to [Agent Orange], some 20 years prior to death, would have any effect at all on his death.” The appellant and her representative, in the January 2021 brief, stated that no specific duration or quantity of herbicide agent exposure has been identified before it becomes toxic. Further, they question if the December 2020 examiner’s statement suggests that an extended exposure would have had an effect on the Veteran’s death. As the Veteran did spend one year and one day in the Republic of Vietnam, the medical opinion is inadequate to address the appellant’s contentions. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician regarding whether the cause of the Veteran’s death is at least as likely as not (50 percent or greater probability) related to exposure to herbicide agents. Specifically, the examiner should address the July 2017 examiner’s statement that a relatively brief exposure would not have any effect on the Veteran’s death. The examiner is to assume the Veteran served in the Republic of Vietnam for 366 days. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. W. Morgan, 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.