BVA9500266 DOCKET NO. 93-06 165 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUE Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. ATTORNEY FOR THE BOARD Michele Florack, Associate Counsel INTRODUCTION The veteran served on active duty from July 1966 to June 1969. This appeal to the Board of Veterans' Appeals (Board) arises from a November 1991 determination and a rating decision of September 1992 by the Department of Veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana. Previously, the appellant has claimed benefits for the cause of the veteran's death as guardian of the veteran's minor children. Service connection for the cause of the veteran's death was denied by decision of November 1985. The appellant's current claim was handled on the basis of whether there was new and material evidence to reopen the claim. However, it appears that the appellant is also pursuing benefits as the surviving spouse of the veteran. In this regard, her status as surviving spouse has not been considered by the RO. Since this issue is not inextricably intertwined with the issue currently before the Board, this matter is referred to the RO for appropriate action. This appeal will only address her claim insofar as she is the guardian of the veteran's minor children. In the appellant's substantive appeal, she requested additional time to submit evidence in support of her claim. A 60-day extension was granted, but no additional material was submitted. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that the veteran had a congenital heart condition prior to service that was later complicated or aggravated by his service-connected schizophrenia, ultimately causing his death. She argues that evidence received since the November 1985 Board decision is new and material to the issue, and thus the claim should be reopened. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the appellant has not submitted new and material evidence sufficient to reopen her claim for service connection for the cause of the veteran's death. FINDINGS OF FACT 1. Service connection for the cause of the veteran's death was denied by a decision of the Board in November 1985 on the basis that the cause of the veteran's death, arteriosclerotic heart disease, was not found to be proximately due to or the result of service-connected schizophrenia. 2. Evidence submitted subsequent to the Board decision in connection with the attempted reopening of the claim is not new and material; i.e., it does not bear directly and substantially on or demonstrate that the veteran's schizophrenia caused arteriosclerotic heart disease or contributed to cause his death. CONCLUSIONS OF LAW 1. The decision of the Board in November 1985 denying the appellant's claim of entitlement to service connection for the cause of the veteran's death is final. 38 U.S.C.A. §§ 5107(a), 7104 (West 1991). 2. Evidence received subsequent to the November 1985 Board decision is not new and material, and the appellant's claim for service connection for the cause of the veteran's death has not been reopened. 38 U.S.C.A. § 5108 (West 1991); 38 C.F.R. § 3.156(a) (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Pertinent law provides that, to establish entitlement to service connection for the cause of the veteran's death, the evidence must show that the disability incurred in or aggravated by service either caused or contributed substantially or materially to cause death. 38 U.S.C.A. § 1310 (West 1991); 38 C.F.R. § 3.312 (1993). A contributory cause of death is inherently one not related to the principal cause. In determining whether the service-connected disability contributed to death, it must be shown that it contributed substantially or materially, that it combined to cause death, or that it aided or lent assistance to the production of death. It is not sufficient to show that it casually shared in producing death, but rather it must be shown that there was a causal connection. 38 C.F.R. § 3.312(c)(1) (l993). The appellant contends that the veteran's service-connected schizophrenia directly or indirectly caused the veteran's death in March 1982 and that she has presented new and material evidence to reopen her claim. The veteran's death certificate indicated arteriosclerotic heart disease as the cause of his death; sickle cell anemia was reported as a contributing factor. In November 1985, the Board denied the appellant's claim for service connection for the cause of the veteran's death. The evidence at that time showed that the veteran had died in March 1982 due to arteriosclerotic heart disease. It was determined that arteriosclerotic heart disease was not present during service or to the requisite degree within one year following his separation from service. It was also found that his heart disease was not caused by his service-connected schizophrenia. When a claim is disallowed by the Board, the decision is final and it may not thereafter be reopened unless new and material evidence is presented with respect to the disallowed claim. 38 U.S.C.A. § 5108, 7104(b) (West 1991); 38 C.F.R. § 3.156 (1993). Manio v. Derwinski, 1 Vet.App. 140 (1991). New and material evidence is evidence not previously submitted which bears directly and substantially upon the specific matter under consideration, which is neither cumulative nor redundant, and which, by itself or in connection with evidence previously assembled, is so significant that it must be considered in order to fairly decide the merits of the claim. 38 C.F.R. § 3.156(a) (1993). Further, the evidence must have a reasonable possibility, when viewed with all the evidence of record, of changing the outcome. Colvin v. Derwinski, 1 Vet.App. 171 (1991). The evidence received subsequent to the November 1985 Board decision includes various letters from the appellant. In a letter dated November 1988, the appellant listed eight names and addresses of people who would testify that the veteran had an inherited (genetic) heart condition. In a letter dated April 1991, the appellant submitted names and addresses of two doctors, as well as the names, addresses, and signatures of relatives, who would swear that the veteran had a pre-existing heart condition at the time he entered service. The statements of the potential witnesses, if credible, would only prove that they had heard of the veteran's heart condition and that they believed it preexisted service. While the statement contains names of two physicians who purportedly had knowledge of the veteran's heart disease, records from these physicians already on file reflect treatment for heart disease several years after service. They do no suggest any prior history of heart disease which would support the claim. Moreover, this evidence was considered at the time of the Board's prior decision. In addition, if the veteran had had preexisting heart disease, it would have to be shown that it was aggravated by service. Since there are no manifestations of heart disease during service, there would be no basis for a determination of aggravation. The appellant further argues that the veteran's father died at age 40 of the same heart condition as the veteran, who died at age 34. She concludes that the veteran's service-connected schizophrenia "greatly aggravated" the veteran's heart condition, thus "contributing substantially to his death." The appellant herself is not qualified (in that she is not a medical professional) to make such an association. Evidence that requires medical knowledge must be provided by someone qualified as an expert by knowledge, skill, experience, training, or education. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). In addition, she has not presented medical evidence to support her claim. In the absence of a showing of the claimed disability in service and the lack of medical evidence to link a current disability with events in service or with a service-connected disability, the claim must fail. Montgomery v. Brown, 4 Vet.App. 343 (1993). The Board concedes that the evidence submitted by the appellant in an effort to reopen her claim is new. However, the statements submitted do not address the issue in this case, which is whether heart disease was manifested during service or to the requisite degree within one year after service or whether the veteran's schizophrenia contributed to cause his death. As such, the evidence submitted is not material. Accordingly, the claim is not reopened. ORDER New and material evidence to reopen a claim for service connection for the cause of the veteran's death has not been submitted, and thus the claim remains denied. V. L. JORDAN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.