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13-23 134
13-23 134
| Board of Vet. App. | Jun 30, 2017
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Background

  • Veteran served on active duty Apr 1942–Mar 1947; awarded the Purple Heart; died Aug 2003. Appellant is his surviving spouse.
  • At death, the Veteran was service‑connected for PTSD and a left knee disability; medical records document history of atrial fibrillation and reports (1997) of increased heart rate related to PTSD triggers.
  • Death certificate lists arteriosclerotic cardiovascular disease as cause of death; appellant contends PTSD and medications for service‑connected conditions contributed to or caused the death.
  • Appeal to the Board of Veterans' Appeals arises from a July 2012 RO denial; a March 2016 hearing was held and the Board remanded in Apr 2016 for further development (substantial compliance noted).
  • The Board found further development necessary and remanded for a VA medical opinion on whether PTSD or medications for service‑connected conditions caused or contributed to the Veteran’s arteriosclerotic cardiovascular disease and death.
  • The Board ordered (1) a medical nexus opinion reviewing the file and addressing PTSD, medication effects, and whether a non‑speculative opinion is possible; (2) opportunity for appellant’s representative to submit additional evidence; and (3) readjudication and issuance of an SSOC if denial remains. The appeal was advanced on the docket.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to DIC based on service connection for cause of death Appellant argues the Veteran's service‑connected PTSD (and stress‑related arousal) and medications for service‑connected conditions contributed to or caused the Veteran’s arteriosclerotic cardiovascular disease and death RO/VA previously denied DIC; record lacks a VA medical nexus opinion tying PTSD or service‑connected‑related medications to death Remanded: Board ordered a VA medical opinion on whether PTSD or medications caused or contributed to death and whether a non‑speculative nexus can be provided; further development and readjudication required

Key Cases Cited

  • Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance principle)
  • Dyment v. West, 13 Vet. App. 141 (1999) (remand compliance standard)
  • Kutscherousky v. West, 12 Vet. App. 369 (1999) (right to submit evidence after remand)
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Case Details

Case Name: 13-23 134
Court Name: Board of Veterans' Appeals
Date Published: Jun 30, 2017
Docket Number: 13-23 134
Court Abbreviation: Board of Vet. App.