Citation Nr: 21023114 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 15-27 930 DATE: April 20, 2021 ORDER Entitlement to service connection for the cause of the Veteran’s death is granted. FINDING OF FACT The evidence is in equipoise as to whether the Veteran’s service-connected coronary artery disease (CAD) contributed substantially or materially to the Veteran’s death. CONCLUSION OF LAW The criteria for entitlement to service connection for the cause of the Veteran’s death have been met. 38 U.S.C. §§ 1310, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.5, 3.159, 3.303, 3.312. REASONS AND BASES FOR FINDING AND CONCLUSION Unfortunately, the Veteran died in February 2013. Given such, prior to discussing the appeal at hand, the Board would be remiss if it did not recognize his outstanding service, where he served in the United States Marine Corps on active duty from May 1968 to November 1969 and from September 1972 to August 1973. He received the Bronze Star Medal, Combat Action Ribbon, National Defense Service Medal, Vietnam Service Medica, Vietnam Campaign Medal with device, and the Vietnam Meritorious Unit Citation Cross of Gallantry with Palm and Frame. The Veteran was clearly a credit to the United States Marine Corps and to his family, and his service to his country is greatly appreciated. The appellant is the Veteran’s surviving spouse. In August 2018, this appeal was remanded for further development. In a March 2021 Statement in Support of the Claim, the appellant requested her appeal be advanced on the docket due to her age. The Board notes that the appellant is 75 years of age. Appeals must be considered in docket number order but may be advanced if sufficient cause is shown. 38 U.S.C. § 7107 (a)(2); 38 C.F.R. § 20.900 (c). Sufficient cause includes being 75 years of age or older. Here, the Board finds there is sufficient evidence to show that the Veteran is 75 years old. Therefore, the Board hereby grants the motion and the case is advanced on the docket. Service Connection for Cause of Death Legal Principles and Regulations Under 38 U.S.C. § 1310, a surviving spouse, children, and parents of a qualifying veteran who dies as a result of a service-connected disability will be entitled to receive Dependency and Indemnity Compensation (DIC) compensation. 38 U.S.C. § 1310; 38 C.F.R. § 3.5 (a) (1). A veteran’s death will be considered as being due to a service-connected disability when the evidence establishes that the service-connected disability was either the principal or a contributory cause of death. The issue involved will be determined by exercise of sound judgment, without recourse to speculation, after a careful analysis has been made of all the facts and circumstances surrounding the death of the Veteran, including, particularly, autopsy reports. 38 C.F.R. § 3.312 (a). A service-connected disability will be considered as the principal (primary) cause of death when such disability, singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto. 38 C.F.R. § 3.312 (b). A contributory cause of death is inherently one that is not related to the principal cause. In order for a service-connected disability to be determined as a contributory cause of a Veteran’s death for compensation purposes, it must be shown that it contributed substantially or materially; that it combined to cause death; or that it aided or lent assistance to the production of death. It is not sufficient to show that it causally shared in producing death, but rather it must be shown that there was a causal connection. 38 C.F.R. § 3.312 (c)(1); see also Gabrielson v. Brown, 7 Vet. App. 36, 39 (1994). Analysis Here, the Veteran’s original death certificate reflects that the Veteran’s immediate cause of death was respiratory failure that was due to obesity and congestive heart failure. However, a revised death certificate, which includes a supplemental medical certification, reflects that the Veteran’s immediate cause of death was respiratory failure that was due to obesity, congestive heart failure, and coronary artery disease. See November 2019 revised death certificate. At the time of death, the Veteran was service connected for CAD, PTSD, left orchiectomy, diabetes mellitus type II, and right epididymitis. In October 2019 and November 2019 medical opinions, Dr. F.D. opined that the Veteran’s history of CAD and diabetes mellitus type II were at least as likely as not contributing factors of the Veteran’s cause of death. Thus, the Board finds that the evidence shows that the Veteran’s service-connected CAD was a principal cause of the Veteran’s death. In order to constitute the principal cause of death the service-connected disability must be one of the immediate or underlying causes of death, or be etiologically related to the cause of death. Here, the Veteran’s revised death certificate expressly states that the Veteran’s CAD was an underlying cause of the Veteran’s death. Furthermore, the October 2019 and November 2019 private medical opinions by Dr. F.D. reflect that the Veteran’s CAD was a contributing factor in the Veteran’s death. Given such, as the Veteran was service connected for CAD at the time of his death, and the medical evidence supports a finding that the Veteran’s CAD was a principal and contributing factor in the Veteran’s death. The Board acknowledges, when considering all the evidence of record, some of it is favorable and some of it is unfavorable and thus in equipoise. A claim will be denied only if the preponderance of the evidence is against the claim. If the evidence for and against a claim is in equipoise, the claim will be granted. See 38 U.S.C. § 5107. Resolving reasonable doubt in the appellant’s favor, entitlement to service connection for the Veteran’s cause of death is warranted. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Abdelbary, 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.