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