Citation Nr: 21028884
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 15-26 411
DATE: May 12, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 1977 to March 1997.  The Veteran died February 2008, and the appellant is the Veteran's surviving spouse.

This matter was last before the Board in July 2018, whereupon the Board issued a denial of service connection for the Veteran's cause of death.  Following the appellant's appeal of that decision to the United States Court of Appeals for Veterans Claims (Court), the Court issued an August 2019 Memorandum Decision in which it vacated part of the Board's denial for service connection for cause of death and affirmed part of the Board's denial for service connection for cause of death.  The Court affirmed the Board's decision that the Veteran's hypertension caused the Veteran's death.  The Court vacated the Board's decision that the Veteran's cause of death was not a result of exposure his to burn pits in Iraq.  

Specifically, the Court in its Memorandum Decision found fault with the Board's determination that the November 2014 and April 2016 VA medical opinions were adequate particularly as it pertains to the appellant's theory that the Veteran's cause of death was due to his exposure to burn pits while in service.  In the August 2019 Memorandum Decision, the Court directed the Board to further obtain an adequate VA medical opinion on whether the Veteran's exposure to burn pits could have resulted in his cause of death.  Therefore, the Board is remanding the matter in order to secure said opinion in accordance with the Court's August 2019 Memorandum Decision.

The matter is REMANDED for the following action:

The RO should obtain a new VA medical opinion for the appellant's claim for service connection for the Veteran's cause of death.  The examiner must provide a rationale for all opinions provided.  The examiner is asked to address the following:

Whether the Veteran's cause of death was at least as likely as not (a 50 percent or greater probability) a result of or caused by his exposure to burn pits while serving in Iraq around 1991.

 

 

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.