Citation Nr: 21032244
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 10-29 111
DATE: May 26, 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 November 1965 to November 1967. He subsequently passed away in July 1983. The appellant is his surviving spouse.

This appeal has been remanded to the Agency of Original Jurisdiction (AOJ) on a number of occasions. At the most recent review by the Board, the case was remanded for additional development. See 12/19/2018 BVA Decision. The AOJ sought to complete the development as directed, but the Board finds less than substantial compliance with the remand directives.

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

Among the development the Board directed was for the AOJ to obtain an addendum opinion from the cardiologist that reviewed the claims file in 2015. The AOJ sent the claims file to the cardiologist as directed, but the cardiologist opted not to opine further, as to do so would require speculation. See 04/18/2019 C&P Exam. The sole rationale proffered by the cardiologist was that the practice of cardiology has changed so much since the 1980s. Based on the cardiologist's 2018 examination report (05/17/2018 C&P Exam), the Board now finds that the 2018 remand request was misdirected. Instead, the Board believes that a clinician who has experience with vascular and pulmonary disease will better meet the Board's needs in this case.

The matters are REMANDED for the following action:

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The AOJ shall send the claims file to a physician with experience with vascular and pulmonary disease. Ask the clinician to review the entire claims file, with particular attention to the Veteran's surgical history noted in the May 2018 addendum cardiology report. Ask the examiner to opine on whether or not it is at least as likely as not (a probability of at least 50 percent) that the Veteran's service-connected disabilities, including fracture of the right ankle with recurrent neuroma and osteomyelitis, pulmonary embolus and thrombophlebitis of the right lower extremity, right orchectomy, gunshot wound to the right thigh with damage to Muscle Group XIV, and post-operative left inguinal hernia and/or any related operations, contributed substantially or materially to his death.

The physician must provide a comprehensive rationale for each opinion provided. Advise the clinician that he/she may consult with any specialist he/she believes will assist with providing the requested opinion. If a specialist is consulted, that fact and the substance of the specialist's input must be included in the examination report.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. T. Snyder

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.