Citation Nr: 21040311 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 16-61 028 DATE: July 3, 2021 REMANDED Service connection for the cause of death of the Veteran is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from March 1967 to May 1968, including verified service in the Republic of Vietnam during the Vietnam Era. He died in June 2015. His awards include the Combat Infantryman Badge. The appellant is his widow. This appeal arises from the AOJ's April 2016 rating decision, denying service connection for the Veteran's cause of death. 1. Service connection for the cause of death of the Veteran. In this case, the Veteran's death certificate shows his immediate cause of death in April 2016 was renal carcinoma, without mention of any contributory causes of death. At the time of his death, he was service-connected for only a bilateral eye disability, assigned a 30 percent disability rating. The appellant's representative, in the June 2021 informal hearing presentation, contends that the Veteran's terminal renal cancer was due to exposure to Agent Orange as a Vietnam Veteran. In order to establish service connection for the cause of the Veteran's death, the evidence must show that a disease or disability incurred in or aggravated by service either caused, contributed substantially or materially to cause, or aided or lent assistance to the production of death. 38 U.S.C. § 1310; 38 C.F.R. § 3.312 (a). A Veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975, is presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to the contrary. 38 C.F.R. § 3.307 (a)(6)(iii). The Veteran's service personnel records, including his DD Form 214, verify his service in the Republic of Vietnam during the Vietnam Era, so he is presumed to have been exposed to herbicide agents during service. However, renal carcinoma is not a listed disease entitled to presumptive service connection for herbicide exposure under 38 C.F.R. § 3.309 (e). The Board must also consider him for service connection on a direct basis to service, including as due to his presumed in-service herbicide exposure. The Board finds it would be helpful to obtain a VA medical opinion on the etiology of the Veteran's cause of death, including as due to presumed herbicide exposure. The matters are REMANDED for the following action: 1. Ask the appellant to provide the names and addresses of any medical provider, VA or private, who has treated the Veteran for his terminal renal cancer. After securing any necessary releases, request any relevant records identified that are not duplicates of those already contained in the claims file. Obtain VA treatment records, if any. If any requested records are unavailable, the claims file should be annotated as such and the appellant and her attorney notified of such. 2. After associating any additional medical records with the claims file, obtain a medical opinion from a qualified VA clinician as to the etiology of the Veteran's cause of death. Specifically, the examiner should opine as to: (A) Whether it is at least as likely as not (a 50 percent or greater probability) that any immediate cause of death (renal carcinoma) was related was related to presumed exposure to herbicide agents during service. (B) whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran's service-connected bilateral eye disability caused, contributed substantially or materially to cause, or aided or lent assistance to the production of the Veteran's death. A complete rationale should be provided for any opinion rendered. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Biswajit Chatterjee, 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.