Citation Nr: 21031641
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 16-32 648
DATE: May 24, 2021

ORDER

Service connection for the cause of the Veteran's death is granted.  

Entitlement to Department of Veterans Affairs (VA) Dependency and Indemnity Compensation under the provisions of 38 U.S.C. § 1318 is dismissed.  

FINDINGS OF FACT

1. The Veteran died in August 2014.  The cause of death was certified as "cardiopulmonary arrest due to (or as a consequence of) congestive heart failure."  

2. At the time of the Veteran's death, service connection was established for multiple myeloma rated as 100 percent disabling, diabetes mellitus, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy.  

3. Multiple myeloma substantially contributed to the Veteran's demise.  

4. The claim of entitlement to VA dependency and indemnity compensation under the provisions of 38 U.S.C. § 1318 is moot given the award of service connection for the cause of the Veteran's death.  

CONCLUSIONS OF LAW

1. The criteria for service connection for the cause of the Veteran's death have been met.  38 U.S.C. §§ 1310, 5107; 38 C.F.R. §§ 3.102, 3.312.  

2. The issue of the entitlement to VA dependency and indemnity compensation under the provisions of 38 U.S.C. § 1318 is dismissed.  38 U.S.C. § 7105. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from September 1966 to September 1970.  He served in the Republic of Vietnam.  The Veteran died in August 2014.  The Appellant is the Veteran's surviving spouse.  

Service connection for the Cause of the Veteran's Death.

In order to establish service connection for the cause of a Veteran's death, the evidence must show that a disability incurred in or aggravated by active service either caused or contributed substantially or materially to the Veteran's demise.  For a service connected disability to be the cause of death, it must singly or with some other condition be the immediate or underlying cause or be etiologically related to the cause of death.  Service-connected diseases or injuries involving active processes affecting vital organs should receive careful consideration as a contributory cause of death, the primary cause being unrelated, from the viewpoint of whether there were resulting debilitating effects and general impairment of health to an extent that would render the person materially less capable of resisting the effects of other disease or injury primarily causing death.  Where the service connected condition affects vital organs as distinguished from muscular or skeletal functions and is evaluated as 100 percent disabling, debilitation may be assumed.  38 U.S.C. § 1310; 38 C.F.R. § 3.312.  

The Veteran died in August 2014.  The cause of death was certified as "cardiopulmonary arrest due to (or as a consequence of) congestive heart failure."  

At the time of the Veteran's death, service connection was established for multiple myeloma rated as 100 percent disabling, diabetes mellitus, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy.   

A November 2019 written statement from the Veteran's treating VA physician relates that: "the Veteran required a Foley catheter placement because of a complication of multiple myeloma;" "in summary, multiple myeloma was the cause of the initial insertion of the Foley catheter and caused the increased risk of infection;" and "therefore, multiple myeloma was an initial factor in the chain of events hat lead to the patient's death."  

At the time of the Veteran's death, service connection had been established for multiple myeloma rated as 100 percent disabling.  The Veteran's treating VA physician has stated that the multiple myeloma contributed substantially in bringing about his demise.  Therefore, the Board of Veterans' Appeals (Board) concludes that service connection for the cause of the Veteran's death is warranted.  38 U.S.C. § 1310; 38 C.F.R. § 3.312.  

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Dependency and Indemnity Compensation under 38 U.S.C. § 1318.

In light of the award of service connection for the cause of the Veteran's death, the issue of entitlement to VA dependency and indemnity compensation under the provisions of 38 U.S.C. § 1318 is now moot.

 

 

J. T. HUTCHESON

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Middleton, 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.