Citation Nr: 21024459 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 14-29 819 DATE: April 22, 2021 REMANDED Entitlement to dependency and indemnity compensation (DIC), to include based on a claim of entitlement to service connection for the cause of the Veteran's death, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1966 to January 1968. He died in November 2011. The Appellant seeks surviving spouse benefits. Entitlement to dependency and indemnity compensation (DIC), to include based on a claim of entitlement to service connection for the cause of the Veteran's death, is remanded. In the March 2018 Remand instructions, the Board requested that a VA opinion be obtained in which a medical specialist was to provide an opinion as to whether the Veteran’s cause of death, including colon cancer, was at least as likely as not (50 percent or greater probability) related to service, including exposure to herbicide agents during active service. A January 2019 VA opinion was obtained. The VA physician noted that: the Veteran was "not service connected for any conditions prior to his death;" "exposure to herbicides is conceded;” “colon cancer was a cause of his death;” caselaw “does not support…presumptive herbicide service connection;” and “the weight of current medical evidence supports this opinion.” The examiner concluded that “the Veteran’s cause of death included colon cancer which is less likely as not (<50% probability) presumptively related to his conceded in-service herbicide agent exposure.” The examiner did not address whether colon cancer was directly related to service or exposure to herbicide agents on other than a presumptive basis. Further, the examiner made no findings as to whether other causes of death were related to service or any event during service. Compliance with the Board's remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). The Board finds that the January 2019 evaluation is incomplete and further evaluation is required. That is a pre-decisional duty to assist error. The matters are REMANDED for the following action: Obtain a VA opinion as to the cause of the Veteran's death. The examiner must review the claims file and a copy of this Remand in conjunction with the opinion. The examiner must opine whether it is at least as likely as not (50 percent probability or greater) that the Veteran's cause of death, to include colon cancer, was related to service or any event during service, to include presumed exposure to herbicide agents during service. The examiner should consult medical research as to the likelihood that colon cancer is related to exposure to herbicide agents during service and may not rely solely on the fact that colon cancer is a not a presumptive disability for Veteran’s exposed to herbicide agents during service. The examiner should express an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any cause of death had its onset in service, was aggravated by service, or was otherwise related to any incident of service. If there is another likely etiology for the cause of death, that should be stated. Any opinion expressed should be accompanied by a complete rationale. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Duke, 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.