Citation Nr: 21025731 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 16-43 839 DATE: April 28, 2021 REMANDED The issue of service connection for cause of death is remanded. REASONS FOR REMAND The Veteran had active service in the United States Navy from August 1980 through August 2010. The Veteran died in early 2016. The Appellant is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In June 2019, the Appellant was afforded video conference hearings before the undersigned Veterans Law Judge (VLJ). A hearing transcript is in the record. The issue of service connection for cause of death is remanded. The matter is REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: The August 2016 VA examiner opined that it was less likely than not that the Veteran’s acute respiratory distress syndrome, idiopathic pneumonia syndrome, allogenic stem cell transplant and acute lymphoblastic leukemia reported as the Veteran’s primary causes of death were caused by service-connected benign prostatic hyperplasia, with history of TAG1 transitional cell carcinoma of the bladder, hypertension, nephrolithiasis and ureterolithiasis or adrenal neoplasm benign cortical adenoma. However, the examiner did not provide any explanation for the opinion did not opine if the Veteran’s acute respiratory distress syndrome, idiopathic pneumonia syndrome, allogenic stem cell transplant or acute lymphoblastic leukemia were incurred in service or caused by an in-service injury, event, or illness. Private medical treatments should be obtained an associated with the electronic claims file. In her July 2016 claim, the Appellant noted the Veteran received all of his treatment from the University of Washington Medical Center and the Seattle Cancer Care Alliance. Review of the record reveals these records have not been obtained. 2. Ask the Appellant to complete a VA Form 21-4142 for the University of Washington Medical Center and the Seattle Cancer Care Alliance. Make two requests for the records from these facilities unless it is clear after the first request that a second request would be futile. Obtain an addendum opinion from the August 2016 VA examiner. If that examiner is not available, obtain an addendum from a suitably-qualified physician to fully respond to the following: Based upon a review of the relevant evidence of record, history provided by the Appellant, and sound medical principles: (a.) Identify whether any of the Veteran’s causes of death, including acute respiratory distress syndrome, idiopathic pneumonia syndrome, allogenic stem cell transplant or acute lymphoblastic leukemia, were incurred in service or caused by an in-service injury, event, or illness. (b.) Whether the Veteran’s causes of death are related to any of his service-connected disabilities. The examiner must review the entire record in conjunction with rendering the requested opinions. In addition to any records that are generated because of this Remand, the VA examiner’s attention is drawn to the following: *Service treatment records note several instances of joint pain, diagnoses of anemia and all of his service-connected disabilities and complications associated with each. *June 2010 STRs noted the Veteran may have had possible asbestos exposure during service. *Service connection is in effect for sleep apnea, benign prostatic hyperplasia with history of TAG1 transitional cell carcinoma of the bladder, hypertension, nephrolithiasis and ureterolithiasis, adrenal neoplasm benign, migraine headaches, several musculoskeletal disabilities of the shoulders, hip, cervical spine, feet, lumbar spine and hands. *The February 2016 death certificate reflects the Veteran suffered from acute lymphoblastic leukemia for years. A thorough explanation must be provided for the opinions rendered. If the examiner cannot provide the requested opinions without resorting to speculation, s/he should expressly indicate this and provide supporting rationale as to why the opinions cannot be made without resorting to speculation. The examiner is advised that by law, the mere statement that the claims folder was reviewed and/or the examiner has expertise is not sufficient to find the opinion sufficient. (Continued on next page) 3. After completing the requested actions, and any additional actions deemed warranted, readjudicate the claim on appeal. If the benefit sought on appeal remains denied, the Appellant and her representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. The case should then be returned to the Board for further appellate consideration, if in order. Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. McDuffie, 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.