Citation Nr: 21027950 Decision Date: 05/07/21 Archive Date: 05/07/21 DOCKET NO. 19-00 673 DATE: May 7, 2021 ORDER Whether new and material evidence has been received to reopen a claim for service connection for the Veteran's cause of death. REMANDED Entitlement to service connection for cause of death is remanded. FINDING OF FACT 1. An unappealed December 1986 Board decision denied a claim for service connection for the Veteran's cause of death. 2. New and material evidence has been received since the last prior final decision by the Board in December 1986. CONCLUSION OF LAW New and material evidence has been received to reopen the appellant's claim for service connection for the Veteran's cause of death. 38 U.S.C. §§ 5108, 7105; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from June 1972 to November 1975. The Veteran died in December 1982 from massive internal hemorrhage, portal hypertension, and hepatic cirrhosis. The appellant is the Veteran's surviving spouse. This matter was first initiated in January 1983. The appellant properly appealed the case to the Board of Veterans' Appeals (Board), and a decision was issued in December 1986. In the Board's prior decision, the appellant's claim for service connection for cause of death was denied. The appellant did not appeal this decision, which preexisted the creation of the United States Court of Appeals for Veterans Claims, and it is final. 38 U.S.C. § 7104. In February 2018, the appellant filed a new claim for service connection for the Veteran's cause of death. A rating decision was issued denying the claim in May 2018 by the Department of Veterans Affairs (VA) Regional Office (RO). The appellant appealed the decision to the Board. In February 2021, the appellant testified before the Board at a hearing with the undersigned Veterans Law Judge (VLJ). The hearing transcript is of record. In support of the Appellant's current claim, she provided additional evidence including medical treatment records, buddy and lay statements, and additional arguments. The appellant contends that the Veteran's cause of death was a result of his post-Vietnam stress syndrome which is now known as posttraumatic stress disorder (PTSD). This condition caused the Veteran to self-medicate with alcohol which contributed to the Veteran's death. See February 2021 Hearing Transcript. The Board notes that service treatment records (STRs) were added to the claims file in March 2018. The STRs submitted in March 2018 are duplicative or irrelevant dental records and, therefore, are not new and material evidence. Given such, 38 C.F.R. § 3.156(c) is not for application. Upon review of the aforementioned evidence, the Board finds that the appellant's contentions for service connection, additional medical treatment records, and VA hearing transcript are new and material. This evidence is new because it has never been submitted and it is not redundant of evidence already of record. The evidence is material because it contains a diagnosis of PTSD. Also, the appellant asserted new contention that the Veteran's cause of death was a result of PTSD. Given such, reopening of the claim is in order, as the evidence is new and material. 38 C.F.R. § 3.156(c). The merits of this claim will be addressed on remand. REASONS FOR REMAND The Board has reviewed the evidence of record and determined that a remand is necessary. Specifically, the Board finds that additional development is necessary. First, the appellant states that the Veteran suffered from post-Vietnam stress syndrome which is now known to be PTSD. The appellant further contends that the Veteran self-medicated with alcohol which caused cirrhosis of the liver. The appellant further contends that the Veteran's cirrhosis of the liver caused his internal bleeding. The Veteran's cause of death was listed as massive internal hemorrhage, portal hypertension, and hepatic cirrhosis. See Certificate of Death. As for the Veteran's PTSD, the appellant contends that his PTSD was a result of his active service in Vietnam. The Board finds that the Veteran's service in Vietnam needs to be verified along with the appellant's asserted stressors. The appellant asserts that during the Veteran's time in Vietnam that he witnessed a young child be killed. As such, the Board finds a remand is necessary to determine whether the Veteran's PTSD was a result of his active service and whether his cause of death could have resulted from his PTSD. The matters are REMANDED for the following action: 1. Contact the appellant and request authorization to obtain any outstanding records pertinent to her claims, including any private treatment records, such as an autopsy report, following proper VA procedures (38 C.F.R. § 3.159(c)). 2. Contact the Joint Services Records Research Center (JSRRC) or any other appropriate repository of military records, and request corroboration of whether the Veteran had Vietnam service. All responses should be documented in the claims file. The appellant should be notified of the status of all requests for information. If the JSRRC determines that there is insufficient information to verify service in Vietnam, a formal finding should be made. 3. Then, the RO should obtain a VA medical opinion from a qualified psychiatric examiner to determine whether it is at least as likely as not (50 percent probability or greater) that the Veteran's post-Vietnam stress syndrome/PTSD was caused by or the result of his active service. If the examiner finds the Veteran's condition was caused or the result of active service, the examiner is asked to address whether the Veteran's cause of death was at least as likely as not (50 percent probability or more) a result of his psychiatric condition (i.e., self-medicating with alcohol as a consequence). The examiner must address the appellant's contentions included in the claims file, to include all assertions made during the February 2021 Board hearing. All opinions must be supported by a rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Glaeser, 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.