Citation Nr: 22046041 Decision Date: 08/15/22 Archive Date: 08/15/22 DOCKET NO. 17-36 834 DATE: August 15, 2022 REMANDED Service connection for the cause of death of the Veteran. REASONS FOR REMAND The Veteran served on active duty from December 1945 to May 1947. He died in May 1975, and the appellant is his surviving spouse. The claim on appeal is from a March 2016 rating decision. In October 2019, the appellant's representative presented argument at a Board hearing. In January 2020, the Board denied service connection for the cause of death of the Veteran. The Veteran appealed the Board's denial to the United States Court of Appeals for Veterans Claims (Court). In a November 2020 Joint Motion for Remand (JMR), the parties moved to vacate and remand the Board's decision denying service connection for cause of death. In a December 2020 Order, the Court vacated the Board's January 2020 decision and remanded the matter to the Board for further appellate review consistent with the Order. In April 2021, the Board remanded the matter for additional development. The Board notes that the summary of the remanded claim and remand directives do not make any implicit findings regarding the competency or credibility of any of the evidence of record. Service connection for the cause of death of the Veteran. Pursuant to the April 2021 Board remand, the RO was to obtain outstanding service records, and, if it was determined that such records were unavailable, to issue a formal finding of unavailability and provide the appellant and her representative with proper notice of the missing records. However, the record does not reflect that these actions were accomplished. Following the remand, the RO requested all service treatment records (STRs) and service personnel records (SPRs). See December 2021 VA 21-3101 (Request for Information). In January 2022, additional fire-related SPRs were obtained from the National Personnel Records Center (NPRC) and associated with the record. See May 2022 VA 21-3101 (Request for Information). However, it appears that no additional STRs have been located following the remand. The RO has not issued a formal finding of unavailability or notified the appellant of those missing STRs. Therefore, remand is necessary to substantially comply with the prior remand directives. In addition, the April 2022 VA opinion obtained states that the Veteran's adenocarcinoma of the stomach did not have its onset during or within the initial year of service, and was unrelated to a June 1951 Application for Outpatient Treatment in which the Veteran reported experiencing initial stomach issues during service. However, the rationale provided is not completely adequate. Thus, an addendum opinion should be obtained. The matter is REMANDED for the following action: 1. Issue a formal finding of unavailability of additional service records, including STRs, and associate the finding with the claims file. Then, provide the appellant and her representative with notice of the unavailability of any service records requested, including the Veteran's STRs, in accordance with 38 C.F.R. § 3.159(e). 2. Obtain an addendum opinion from the examiner who provided the April 2022 VA opinion, if available, otherwise another appropriate medical professional, as to whether it is at least as likely as not (an approximate balance of positive and negative evidence) that diagnosed metastatic adenocarcinoma of the stomach had its onset during the Veteran's service or was otherwise causally related to any event or circumstance of his service. The opinion should address the June 1951 Application for Outpatient Treatment in which the Veteran reported experiencing initial stomach issues during service and noting in-service treatment for pneumonia and fever. A complete rationale for all opinions should be provided. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Taylor 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.