Citation Nr: 21040794 Decision Date: 07/07/21 Archive Date: 07/07/21 DOCKET NO. 15-16 566 DATE: July 7, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. Entitlement to service connection for hepatitis C, for substitution purposes, is remanded. Entitlement to service connection for pulmonary emboli, for substitution purposes, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1971 to April 1974. The Veteran died in December 2011. This matter comes before the Board of Veteran's Appeals (Board) on appeal from a March 2013 decision. The matters were previously before the Board in December 2018 and remanded for further development and adjudication. In December 2018, the Board also remanded the issue of whether there was a qualifying marriage for death pension benefits as a surviving spouse. In a November 2019 Administrative Decision, the Regional Office (RO) determined the marriage between the Veteran and the Appellant was deemed valid for VA purposes. Consequently, that issue is no longer before the Board. The Board notes that in the March 2021 supplemental statement of the case, the RO indicated that while her marriage was deemed valid, her claim for death pension benefits remained denied. However, the issue of entitlement to death pension benefits based on countable income is not properly before the Board and should be separately adjudicated by the RO and if necessary, the Appellant should be provided notice of appellate rights. Entitlement to service connection for hepatitis C and pulmonary emboli on a substitution basis; Entitlement to service connection for the cause of the Veteran's death In pertinent part, the Appellant maintains that the Veteran's pulmonary emboli is the result of in-service Agent Orange and/or asbestos exposure, which contributed to his death. She further claims that his fatal diseases, hepatocellular carcinoma and hepatitis C, are also the result of in-service herbicide exposure. Regarding the allegations of herbicide exposure, military personnel records show that during his service, he was aboard the USS Halibut from approximately March 1972 to June 1972, the USS Intrepid from October 1972 to January 1973 and from March 1973 to June 1973, and the USS Ranger from October 1973 to April 1974. Upon review of the record, the Board finds there is not enough evidence to verify that the USS Halibut, USS Intrepid, or USS Ranger was within the 12 nautical miles of the Republic of Vietnam while the Veteran was aboard. Accordingly, a remand is warranted for further development. See Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019). Regarding the claim that the Veteran was exposed to asbestos, military personnel records show that the Veteran was stationed at Mare Island Naval Shipyard in Vallejo, California, and spent four months aboard a submarine. To date, the RO has not addressed the Appellant's contentions pertaining to asbestos exposure. On remand, the RO must conduct any necessary development related to the asbestos exposure claim. The issue of entitlement to service connection for the cause of the Veteran's death is inextricably intertwined with the claims for service connection and the development requested herein. See Harris v. Derwinski, 2 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Undertake appropriate development to determine whether the USS Halibut, USS Intrepid, or USS Ranger entered Vietnam's 12-nautical mile territorial seas at any time while the Veteran was stationed onboard during the Vietnam era. If herbicide exposure is verified, obtain an opinion from an appropriate clinician whether: hepatocellular carcinoma, hepatitis C, and/or pulmonary emboli is at least as likely as not (a 50 percent or greater probability) related to the Veteran's presumed herbicide exposure regardless of whether the condition is a listed disease under 38 C.F.R. § 3.309 (e). 2. Conduct any necessary development for the Veteran's claim of entitlement to service connection for pulmonary emboli as secondary to asbestos exposure, to include (a) requesting information from the appropriate resources and/or record depositories (including the service department and National Personnel Records Center) regarding the Veteran's military occupational specialties, assigned duties, and locations of service, to determine whether the Veteran was exposed to asbestos during service and (b) if necessary, obtaining an opinion from an appropriate clinician to determine whether pulmonary emboli is at least as likely as not related to any verified asbestos (or verified herbicide) exposure and if so, whether it was a contributory cause of death. Note: contributory cause of death means either his pulmonary emboli either (i) contributed substantially or materially to death; (ii) combined to cause death, or (iii) aided or lent assistance to the production of death. A causal connection must be shown; it is not sufficient to show that the disability casually shared in producing death. 3. If upon completion of the above action the issues remain denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. L. Wallin, 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.