BVA9502324 DOCKET NO. 92-04 262 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. T. Hutcheson, Associate Counsel INTRODUCTION The veteran had active military service from October 1941 to August 1943. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a May 1991 rating decision of the Detroit, Michigan Regional Office (hereinafter "the RO") which denied service connection for the cause of the veteran's death. In January 1993, the Board remanded this appeal to the RO for additional development of the record. The appellant has been represented throughout this appeal by the Disabled American Veterans. The appellant has advanced contentions on appeal which the Board has construed as a request for additional burial benefits and increased dependency and indemnity compensation benefits. As these issues have neither been developed nor certified for review on appeal, they are referred to the RO for appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The appellant asserts on appeal that the RO erred in denying service connection for the cause of the veteran's death as his service-connected paranoid schizophrenia is listed on his death certificate as an underlying cause of his demise. She contends that the veteran's service-connected chronic psychiatric disorder was evaluated as 100 percent disabling for over 10 years prior to his death and therefore must be considered as having at least substantially or materially weakened his ability to resist death. DECISION OF THE BOARD In accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), following review and consideration of all evidence and material of record in the veteran's claims file, it is the Board's decision that the record supports the allowance of service connection for the cause of the veteran's death. FINDINGS OF FACT 1. The RO has obtained all relevant evidence necessary for an equitable disposition of the appellant's appeal. 2. The veteran died at a Department of Veterans Affairs medical center in April 1991. The cause of death was certified as respiratory insufficiency due to or a consequence of carcinoma of the head and neck, a tracheostomy, congestive heart failure, chronic schizophrenia, and a seizure disorder. VA medical personnel indicated that chronic schizophrenia and a seizure disorder were the underlying causes of the veteran's death. 3. At the time of the veteran's death, service connection was in effect for paranoid schizophrenia evaluated as 100 percent disabling. CONCLUSION OF LAW A service-connected disability caused the veteran's death. 38 U.S.C.A. §§ 1310, 5107 (West 1991); 38 C.F.R. § 3.312 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, it is necessary to determine if the appellant has submitted a well-grounded claim within the meaning of 38 U.S.C.A. § 5107(a) (West 1991), and if so, whether the Department of Veterans Affairs (hereinafter "VA") has properly assisted her in the development of her claim. A "well-grounded" claim is one which is not implausible. A review of the record indicates that the appellant's claim is plausible and that all relevant facts have been properly developed. Accordingly, an additional remand in order to allow for further development of the record is not necessary. In order to establish service connection for the cause of the veteran's death, the evidence must show that a disability incurred in or aggravated by active military service either caused or contributed substantially or materially to the veteran's demise. For a service-connected disability to be the cause of death, it must singly or with some other condition be the immediate or underlying cause or be etiologically related to the cause of death. For a service-connected disability to constitute a contributory cause 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 U.S.C.A. § 1310 (West 1991); 38 C.F.R. § 3.312 (1993). At the time of the veteran's death, service connection was in effect for paranoid schizophrenia evaluated as 100 percent disabling. A VA hospital summary dated in April 1991 relates that the veteran was hospitalized in February 1991 for long-term care. Upon admission, he was reported to be suffering from squamous cell carcinoma of the head and neck; squamous metaplasia of the left upper lobe of the lung; residuals of a tracheostomy, a left upper lobe lobectomy, and a total laryngectomy with a right modified radical neck resection and adjacent free flap; small bowel obstructions secondary to volvulus with residuals of a small bowel resection; chronic malnutrition and a history of a seizure disorder and chronic schizophrenia. The treating VA medical personnel noted that the veteran had apparently received no recent treatment for his schizophrenia. On March 29, 1991, the veteran developed probable acute respiratory insufficiency secondary to pneumonitis or pneumonia and subsequently went into cardiorespiratory arrest. The veteran's condition continued to decline and he died on April [redacted] 1991. The cause of death was certified as respiratory insufficiency due to or a consequence of carcinoma of the head and neck, a tracheostomy, congestive heart failure, chronic schizophrenia, and a seizure disorder. The veteran's chronic schizophrenia and seizure disorder were denoted as the underlying causes of death. The Board has weighed the probative evidence including the appellant's statements on appeal. The clinical documentation arising from the veteran's final hospitalization does not show that he either exhibited symptoms associated with his service-connected paranoid schizophrenia or received any recent psychiatric treatment. Indeed, the treatment records do not indicate that his service-connected psychiatric disability played any role in his demise. Notwithstanding these facts, a VA physician certified that the veteran's chronic schizophrenia was an underlying cause of his death. Given the doctor's conclusion and the absence of evidence sufficient to rebut it, the Board finds that service connection for the cause of the veteran's death must be conceded. ORDER Service connection for the cause of the veteran's death is granted. JEFF MARTIN 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. (CONTINUED ON NEXT PAGE) NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board granting less than the complete benefit, or benefits, sought on appeal is appealable to the Court 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.