Citation Nr: 21028759
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 16-30 327
DATE: May 11, 2021

REMANDED

Entitlement to burial benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1971 to January 1974.  He died in July 2013.  The appellant is his adult sister.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 decision by the Department of Veterans Affairs (VA) Regional Office (RO).   

In January 2019, the Board remanded this matter for further development. That development having been completed, this matter has returned to the Board for further appellate review.

Entitlement to burial benefits is remanded.

Unfortunately, another remand is necessary.  As noted in the January 2019 Board remand, at the time of his death the Veteran had an active claim for entitlement to service connection for diabetes mellitus, vision problems, erectile dysfunction, peripheral neuropathy of the upper and lower extremities, kidney failure, and memory loss.  In October 2013, the appellant filed a VA Form 21-601, Application for Accrued Amounts Due to a Deceased Beneficiary.  

The previous Board remand directed the RO to adjudicate the Veteran's pending service connection claims as due to exposure to contaminated water at Camp Lejeune.  However, the Board notes that the Veteran had also asserted that he was exposed to herbicides during his active duty service.  See August 2011 Report of General Information; see also Robinson v. Mansfield, 21 Vet. App. 545 (2008) (noting VA has an obligation to develop and consider all theories of entitlement that are raised by the record of by the claimant).  In an October 2020 Report of General Information, it was noted that in addition to Camp Lejeune issues, the Veteran also had Agent Orange issues.  The RO explained to the appellant that if additional service records were needed, there was a delay at archives due to the COVID pandemic.  

In a December 2020 rating decision, the RO adjudicated the service connection claims as due to exposure to contaminated water at Camp Lejeune.  However, the RO has not adjudicated the service connection claims as due to exposure to Agent Orange.  This must be accomplished on remand.

The matters are REMANDED for the following action:

1. After completing any necessary development, to include in accordance with the Blue Water Navy Vietnam Veterans Act of 2019 which created new statutory requirements for the adjudication of certain claims based on a veteran's herbicide exposure in the offshore waters of the Republic of Vietnam during the period of January 9, 1962 to May 7, 1975, the RO should adjudicate the pending claims for service connection due to Agent Orange exposure.  If the claim is denied, furnish the appellant notice of the denial.  

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2. Thereafter, adjudicate the claim for burial benefits (including service-connected burial benefits and nonservice-connected burial benefits), considering all pertinent evidence and legal authority.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. M. Stedman, 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.