Citation Nr: 21031177 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 16-12 468A DATE: May 20, 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 1969 to May 1971. He died in April 2010. The appellant is the Veteran's surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The appellant testified before the undersigned Veterans Law Judge (VLJ) during a September 2020 videoconference hearing. A transcript of that hearing is associated with the claims file. Entitlement to service connection for the cause of the Veteran's death is remanded. The Veteran's April 2010 death certificate indicates that his cause of death was "metastatic cancer." The appellant asserts that service connection is warranted for the cause of the Veteran's death because the Veteran's metastatic cancer was caused by his exposure to toxins in service. Specifically, the appellant asserts that the Veteran's service in Imperial Beach, California on the flight line exposed him to contaminated soil that caused his metastatic cancer. VA obtained an opinion in February 2016. After a review of the claims file, the examiner opined that the Veteran's metastatic cancer was less likely than not incurred in or caused by the Veteran's in-service exposures. The rationale was that without knowing the type of cancer the Veteran had, it would be speculative to find that the exposure to toxic chemicals caused it. The examiner indicated that there were unknown variables including how much exposure, the duration of the exposure, and identification of the chemicals the Veteran was exposed to, as exposure to chemicals does not automatically cause cancer. The examiner went on to indicate that the etiology of cancer is very complex, and many types do not have a clear, known exposure. The examiner finally noted that the Veteran had a history of cigarette use and that cigarette smoking is the etiology of many different cancers. The Board finds that the February 2016 VA opinion is inadequate to adjudicate the claim. Initially, while the examiner indicated a lack of information regarding the Veteran's exposure, the Veteran's service personnel records document that he served as an aircraft mechanic in Imperial Beach from February 1970 to May 1971. Further, the appellant submitted news articles noting that substances such as polynuclear aromatic hydrocarbons, volatile organic compounds, metals like lead, mercury, and arsenic, and polychlorinated biphenyls (PCBs) were found in soil samples taken from Imperial Beach. Finally, the Veteran's treatment records note that possible sites of the Veteran's cancer included the lung, the upper gastrointestinal tract, or the urinary system. The opinion makes it unclear whether the examiner fully reviewed the claims file. Unfortunately, the articles submitted by the appellant are speculative regarding whether the contaminants caused the Veteran's cancer. While one article noted that the soil from the airfield was shown to be contaminated with PCBs, it further stated that a study of people exposed to PCBs showed "subjects sometimes developed cancer in the liver or the binary tract". Another article indicated that the contaminated soil "could affect a person's brain, liver, kidney, heart, stomach or lungs or the ability to produce red and white blood cells and combat disease". A new VA medical opinion should be obtained regarding the nature and etiology of the Veteran's cause of death in light of the evidence of record and accepted medical principles. 38 C.F.R. § 3.159(c)(4). The matters are REMANDED for the following action: Obtain a VA medical opinion regarding the cause of the Veteran's death. The claims file, to include a copy of this remand, must be made available to, and reviewed by, the medical professional. Based on a review of the pertinent evidence of record in light of accepted medical principles, the medical professional should provide the following opinion: Is it at least as likely as not (50 percent probability or greater) that the Veteran's cause of death (metastatic cancer) was related to his period of active service, to include as a result of the Veteran's presumed exposure to contaminated soil on the flight line in Imperial Beach, California? In rendering this opinion, the medical professional must specifically consider and discuss the articles submitted by the appellant noting the contaminants found in the soil at Imperial Beach, the Veteran's service as an airplane mechanic in Imperial Beach from February 1970 to May 1971, and the medical records regarding the Veteran's metastatic cancer. A complete rationale for all opinions must be provided. If the medical professional cannot provide a requested opinion without resorting to speculation, it must be so stated, and the medical professional must provide the reasons why providing an opinion would require speculation. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Connor, 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.