Citation Nr: 21025956
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 17-35 148
DATE: April 29, 2021

REMANDED

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

Entitlement to dependency and indemnity compensation (DIC) pursuant to 38 U.S.C. § 1318 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1964 to January 1967.  He died in February 2016.  The appellant claims as the surviving spouse. 

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

In December 2020, the Appellant testified at a Board hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is associated with the record.  

Service connection for the cause of the Veteran’s death and DIC pursuant to 38 U.S.C. § 1318

With respect to the appellant’s claim of entitlement to service connection for cause of the Veteran’s death, the appellant contends that the cause of death listed on the Veteran’s death certificate, respiratory failure, was due to the Veteran’s service-connected coronary artery disease and/or prostate cancer.  See, e.g., the appellant’s VA Form 9 dated June 2017.  The appellant further contends that the Veteran’s development of a hematoma prior to his death was caused by either the coronary artery disease or prostate cancer.  See the December 2020 Board hearing transcript, pgs. 5-6.  

There is no medical opinion of record that addresses whether the Veteran’s service-connected coronary artery disease or prostate cancer substantially contributed to his fatal respiratory failure, or whether the coronary artery disease or prostate cancer substantially contributed to the development of a hematoma which caused the Veteran’s death.  Accordingly, the Board finds that a medical opinion should be obtained on remand to address this matter.

The Board notes that the appellant’s claim of entitlement to service connection for the cause of the Veteran’s death is intertwined with the matter of entitlement to DIC benefits pursuant to 38 U.S.C. § 1318.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two or more issues are inextricably intertwined if one claim could have significant impact on the other).  Therefore, the matter of entitlement to DIC benefits pursuant to 38 U.S.C. § 1318 must also be remanded pending further evidentiary development of the cause of death claim.

The matters are REMANDED for the following action:

1. Forward the Veteran’s claims folder to an appropriate medical professional for an opinion as to whether the Veteran’s service-connected coronary artery disease and/or prostate cancer contributed substantially and materially to his death, respiratory failure or alternatively whether the Veteran’s service-connected coronary artery disease and/or prostate cancer contributed to the development of a hematoma which contributed substantially and materially to his death.  The claims file must be made available to the examiner for review.

A rationale for all opinions expressed should be provided.  

2. Review the claims file to ensure that all the foregoing requested development is completed and arrange for any additional needed development.  Then readjudicate the claims on appeal.  If the benefits sought remain denied, issue an appropriate supplemental statement of the case and provide the appellant and her representative with the requisite period of time to respond.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Arif Syed, 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.