Citation Nr: 22017274 Decision Date: 03/24/22 Archive Date: 03/24/22 DOCKET NO. 15-32 438 DATE: March 24, 2022 REMANDED Entitlement to service connection for Parkinson's disease is 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 February 1966 to December 1969. This case comes before the Board of Veterans' Appeals (Board) on appeal from September 2013 and July 2014 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran died in March 2014. Within a year of his death, the Veteran's surviving spouse filed a request with the RO to be substituted as the appellant. The RO granted the appellant's request to be substituted (under 38 U.S.C. § 5121A ) in the Veteran's appeal and informed her of the decision by a letter dated in January 2021. Accordingly, the appellant has been substituted as the claimant for the purposes of the service connection issues on appeal. A September 2018 Board decision denied the appellant service connection for the cause of the Veteran's death, and she appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Order, the Court granted an August 2020 Joint Motion for Remand (JMR) of the parties, thereby vacating the Board's decision and remanding the matter to the Board for action consistent with the JMR. Most recently, an April 2021Board decision again denied the appellant service connection for the cause of the Veteran's death, and she again appealed the decision to the Court. In an October 2021 Order, the Court granted an October 2021 JMR of the parties, thereby vacating the Board's decision again and remanding the matter to the Board for action consistent with the JMR. Regrettably, more development is still necessary. The Board notes that this matter has been advanced on the docket pursuant to 38 C.F.R. § 20.900(c). 1. Entitlement to service connection for Parkinson's disease is remanded. 2. Entitlement to service connection for the cause of the Veteran's death is remanded. An April 1966 military personnel record notes that during a five-day period of time the Veteran contributed considerable assistance in removing paint from a shop floor which was a very difficult task because of the toxic agent used in removing the paint. The Veteran died in March 2013. The Veteran's death certificate lists the immediate cause of death as global geriatric decline due to or as a consequence of dementia due to or as a consequence of Parkinson's disease. The Board finds that remand is necessary for a VA opinion addressing whether the Veteran's Parkinson's disease was etiologically related to his in-service exposure to a toxic agent in April 1966. And, if so, whether the Veteran's Parkinson's disease was a principal or contributory cause of death. By this remand, the Board makes no determination, express or implied, concerning the credibility of the Veteran's statements and contentions. The matters are REMANDED for the following action: 1. Obtain an addendum opinion, to determine the nature and etiology of the Veteran's Parkinson's disease. The Veteran's claims file, to include a copy of this remand, must be made available to the examiner in conjunction with the examination along with any other information the medical professional deems pertinent. A note that it was reviewed should be included in the opinion. The examiner is asked to provide an opinion addressing the following: a. Is it at least as likely as not (50 percent probability or more) that the Veteran's Parkinson's disease was causally or etiologically related to his military service? The VA examiner is asked to specifically address the April 1966 service personnel record in any opinion provided. b. If, and only if, the Veteran's Parkinson's disease was causally or etiologically related to his military service, was it a principal or contributory cause of death? For a service-connected disability to be the principal cause of death, it must singularly or jointly with some other condition be the immediate or underlying cause of death or be etiologically related thereto. 38 C.F.R. § 3.312(b). For a service-connected disability to be a contributory cause of death, it must be shown that it contributed substantially or materially, that it combined to cause death, or aided or lent assistance to the production of death. 38 C.F.R. § 3.312(c). 2. Then, readjudicate the claim. If the determination of the claim remains unfavorable to the appellant, then issue a Supplemental Statement of the Case and afford her a reasonable period of time to respond before returning the case to the Board. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Palombi, 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.