Citation Nr: 21029661 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 19-06 412 DATE: May 14, 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 from August 1948 to September 1969. He died in June 2017 and the appellant is his surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in July 2018 by a Department of Veterans Affairs (VA) Regional Office. In January 2021, the appellant testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. At such time, the undersigned held the record open for 90 days for the submission of additional evidence, which was received later that month. Entitlement to service connection for the cause of the Veteran's death. The Veteran's certificate of death lists his causes of death as lobar pneumonia, chronic respiratory failure, and severe chronic obstructive pulmonary disease (COPD) without any other significant conditions. Also, in a February 2018 letter, Dr. L.F., the Veteran's treating physician, reported that the Veteran had a long history of ischemic heart disease, and it had been determined that older adults with such disease have greater risk of getting pneumonia due to the immune system being weakened. However, during his lifetime, he was not service-connected for any disabilities. The appellant contends that the Veteran's cause of death is related to exposure to herbicide agents while serving in the Republic of Vietnam. However, such alleged in-service exposure to herbicide agents has not been verified. Nevertheless, the Board notes that the Veteran's service treatment records reflect findings referable to upper respiratory infections, pharyngitis, and hypertension. In this regard, VA must make reasonable efforts to assist a claimant in obtaining a medical opinion when such opinion is "necessary to substantiate the claimant's claim for a benefit." De La Rosa v. Peake, 515 F.3d 1319, 1322 (Fed. Cir. 2008). Here, the record does not include a medical opinion concerning whether the Veteran's fatal lobar pneumonia, chronic respiratory failure, and/or severe COPD were related to his military service or, in the alternative, whether a disability of service origin was a principal or contributory cause of his death. As a result, the Board finds a remand is necessary to obtain an opinion addressing such matters. The matter is REMANDED for the following action: Forward the record, to include a copy of this remand, to an appropriate VA clinician so as to obtain an opinion addressing the cause of the Veteran's death. Following a review of the record, the clinician should offer an opinion as to whether it is at least as likely as not (i.e., 50 percent or greater probability) that the Veteran's fatal lobar pneumonia, chronic respiratory failure, and/or severe COPD had their onset in, or are otherwise related to his military service, to include his in-service respiratory complaints and treatment for upper respiratory infections and pharyngitis. If not, the clinician should offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that a disability of service origin, to include hypertension, was the immediate or underlying cause of the Veteran's death or etiologically related thereto, contributed substantially or materially to the cause of his death, combined to cause death, or aided or lent assistance to the production of death. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. M. Celli, 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.