Citation Nr: 23005752 Decision Date: 01/30/23 Archive Date: 01/30/23 DOCKET NO. 18-23 424 DATE: January 30, 2023 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. Entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is remanded. REASONS FOR REMAND The Veteran had active-duty service from September 1967 to September 1970 in the United States Army. During the course of this appeal, the Veteran died on February [REDACTED], 2017, and his spouse was properly substituted as the Appellant pursuant to 38 U.S.C. § 5121A. This matter comes to the Board of Veterans' Appeals (Board) from a March 2017 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). In November 2017, the Appellant appealed the above listed issues. In March 2018, the AOJ denied the claims by way of a statement of the case (SOC). The Appellant appealed by submitting a substantive appeal. See April 19, 2018, VA Form 9. As such, the case is now before the Board for adjudication. 1. Entitlement to service connection for the cause of the Veteran's death is remanded. The Veteran's death certificate shows that the Veteran died on February [REDACTED], 2017. See March 17, 2017, Death Certificate. Primary cause of death was noted to be pancreatic cancer. Id. The Appellant claims entitlement to service connection for the cause of the Veteran's death. She has stated her belief and contends that the etiology of the Veteran's pancreatic cancer is related to his exposure to herbicide agents during service. See April 19, 2018, VA Form 9. Notably, the Board in a January 2017 Board Decision found that herbicide exposure had been conceded for the Veteran's service on the Korean DMZ. See January 25, 2017, BVA Decision, page 4. The Veteran was diagnosed with pancreatic cancer in September 2014. See March 15, 2018, CAPRI, page 9. If a Veteran is exposed to herbicide agents, certain cancers are presumed to be service-connected; however, pancreatic cancer is not one for which the presumption can be applied. See 38 C.F.R. § 3.307 (a)(6); 3.309(e). Nevertheless, service connection can still be established on a direct basis. Therefore, the Board finds that a remand is warranted so that a VA medical opinion can be obtained as to the nature and etiology of the Veteran's cause of death. 2. Entitlement to DIC under 38 U.S.C. § 1318 is remanded. As resolution of the claim of entitlement to service connection for the Veteran's cause of death will have an impact on the Appellant's claim of entitlement to DIC benefits, the issues are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that where a decision on one issue would have a "significant impact" upon another, and that impact in turn could render any appellate review meaningless and a waste of judicial resources, the two claims are inextricably intertwined). Therefore, the claim for Entitlement to DIC under 38 U.S.C. § 1318 is remanded. The matters are REMANDED for the following action: 1. Obtain an opinion from an appropriate clinician to determine the nature and etiology of the Veteran's cause of death. The examiner must opine whether the Veteran's pancreatic cancer, or any other contributing cause of death, is at least as likely as not related to an in-service injury, event, or disease, including his presumed exposure to herbicide agents. A detailed rationale supporting the examiner's opinions should be provided. If the examiner feels that the requested opinions cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required or the examiner does not have the needed knowledge or training). Danette Mincey Veterans Law Judge Board of Veterans' Appeals J. Costello, Attorney for the Board of Veterans' Appeals 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.