Citation Nr: 22015701 Decision Date: 03/18/22 Archive Date: 03/18/22 DOCKET NO. 18-04 003 DATE: March 18, 2022 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from January 1966 to July 1967. He died in August 2017. The Appellant in this matter is his surviving spouse. In November 2021, the Appellant testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. In November 2021, the Board remanded this matter for additional development. Entitlement to service connection for cause of the Veteran's death is remanded. The Veteran's death certificate indicates that his cause of death was acute chronic respiratory failure, kocuria bacteremia, pulmonary fibrosis, and agent orange exposure. Additionally, the death certificate notes that tobacco use "probably" contributed to death. See Death Certificate. In November 2021, the Board remanded this matter in order to obtain a VA medical opinion addressing whether any of the Veteran's causes of death were related to his active duty service, to include exposure to herbicide agents. Thereafter, in December 2021, a VA examiner reviewed the record to address whether any of the Veteran's causes of death were related to his military service and provided a negative nexus opinion. For rationale, the examiner wrote that a review of the record did not reveal continuous ongoing medical treatment or aggravation of acute or chronic respiratory failure due to kocuria bacteremia and pulmonary fibrosis condition from the time of discharge from active military service to present day. Additionally, he opined that chronic respiratory failure, kocuria bacteremia, or pulmonary fibrosis were independent from and not caused by herbicide exposure. This rationale, however, is conclusory because the examiner did not provide an explanation of the underlying medical principles involved in concluding that the Veteran's causes of death were unrelated to his military service, to include his exposure to herbicide agents. Accordingly, the Board finds the December 2021 VA medical opinion insufficient for rating purposes and remand is warranted to obtain a new VA medical opinion consistent with the directives herein. The matter is REMANDED for the following action: Obtain a VA medical opinion from an appropriate examiner to address whether any of the Veteran's causes of death are related to his active duty service, to include exposure to herbicide agents. The claims file (including a copy of this remand) should be provided to and reviewed by the examiner in conjunction with the opinion. Following a review of the claims file, the examiner must provide and opinion as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that the Veteran's acute or chronic respiratory failure, kocuria bacteremia, or pulmonary fibrosis were etiologically related to any incident of active service, to include in-service exposure to herbicide agents. A rationale for all requested opinions should be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Talton, John H. 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.