BVA9504301 DOCKET NO. 92-11 720 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD L. J. Vecchiollo, Associate Counsel INTRODUCTION The veteran served on active duty from September 1963 to October 1983. He died July [redacted] 1987. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision dated in June 1991, from the Portland, Oregon, Regional Office (RO). The notice of disagreement was received in July 1991. A statement of the case was sent to the veteran in December 1991. The substantive appeal was received in February 1992. The Board remanded the case in May 1993. The Board notes that a claim for dependency and indemnity compensation is a claim for death pension even though it was not requested by the appellant. 38 U.S.C.A. § 5101(b)(1) (West 1991); 38 C.F.R. § 3.152(b)(1) (1994); Harvey v. Brown, 6 Vet.App. 390, 396 (1994); Van Slack v. Brown, 5 Vet.App. 499, 500-01 (1993); Isenhart v. Derwinski, 3 Vet.App. 177, 179-80 (1992). The RO should fully develop and adjudicate this claim. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that the veteran was suffering from post- traumatic stress disorder (PTSD) which was not recognized during the veteran's life but is apparent from his service medical records and that this disability produced the abnormal mental state that caused him to commit suicide. Alternatively, the appellant asserts that the veteran was diagnosed with Japanese B encephalitis in service and this disability could have produced brain trauma which resulted in the abnormal mental state that caused him to commit suicide. 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's claim for service connection for the cause of the veteran's death is not well grounded. FINDINGS OF FACT 1. The veteran's Certificate of Death shows that he died on July [redacted] 1987, at the age of 40, of asphyxia due to hanging; the death was determined to be a suicide. 2. At the time of the veteran's death, he was not service connected for any disability. 3. There is no medical evidence submitted by the appellant or in the file showing that any disorder or injury the veteran had in service was related to his death. CONCLUSION OF LAW The appellant's claim for service connection for the cause of the veteran's death is not well grounded. 38 U.S.C.A. § 5107(a) (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION Service connection may be granted for cause of death if a disability causing death occurred during service or a service- connected disability either caused death or contributed substantially and materially to cause death. 38 U.S.C.A. §§ 1110, 1310 (West 1991); 38 C.F.R. § 3.312 (1994). In a claim for service connection, the appellant has the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. 38 U.S.C.A. § 5107(a) (West 1991). A well-grounded claim is a plausible claim, that is, one which is meritorious on its own or capable of substantiation. Such a claim need not be conclusive, but only possible, to satisfy the initial burden of 38 U.S.C.A. § 5107(a) (West 1991). Murphy v. Derwinski, 1 Vet.App. 78, 80 (1990). The claim must be accompanied by supporting evidence; an allegation is not enough. Tirpak v. Derwinski, 2 Vet.App. 609 (1992). In addition, in cases in which the determinative issue is one involving medical causation, competent medical evidence is required for the appellant to establish a well-grounded claim. Grottveit v. Brown, 5 Vet.App. 91, 93 (1993). The veteran's service medical records reveal that in July 1972, the veteran complained of severe chills, fever and a stiff neck, and was diagnosed with Japanese B encephalitis. In September 1972, the veteran complained of general malaise and hand tremors which was attributed to the post-convalescence of encephalitis. In May 1973, the veteran still complained of tremors. In October 1980, the veteran was hospitalized for 42 days due to alcoholism. The veteran's medical examination pursuant to re enlistment into service, dated in December 1980, was negative for any complaints or findings of a psychiatric or brain disorder. It was also noted that there was no sequelae of his Japanese B encephalitis and that he was recovering from alcoholism. In January 1982, he tripped and fell into a ditch. An assessment of minor multiple abrasions and contusions to the parietal and frontal regions of the head was given. In May 1982, the veteran was hospitalized with complaints of left hemisensory deficit and left-sided chest pains. A diagnosis of left-sided weakness and left periorbital paresthesia, largely resolved. etiology unknown, no anatomical basis found, was given. A consultation sheet dated in July 1983 stated that it was suspected that these stroke-like symptoms may or not be related to his Vietnam experiences, ethanol abuse or a conversion reaction. The examiner also stated that the veteran was presently having nightmares and flashbacks from his Vietnam experiences and was seeking psychiatric help. The veteran's medical examination pursuant to separation from service, dated in October 1983, was negative for any complaints or findings of a psychiatric or brain disorder. The examiner also stated that the veteran was on Antabuse and doing well, otherwise the history was negative. The Board notes that the veteran served in Vietnam. The veteran's Certificate of Death shows that he died on July [redacted] 1987 of asphyxiation by hanging himself with a rope. At the time of the veteran's death, he was not service connected for any disability. The Harrison County Sheriff's Office report of the suicide dated in July 1987 indicated the veteran's spouse, [redacted] , stated that the veteran had been in an alcohol treatment program and was out on a pass for the weekend. She also stated that the veteran was despondent over their impending divorce. The VA, in an administrative decision in May 1991, stated that the veteran's suicide was not the result of his own willful misconduct. The appellant is the custodian for [redacted], the child of the deceased veteran. The appellant contends that the veteran was suffering from PTSD brought about by his experience in Vietnam. She asserts that although the PTSD was not recognized during the veteran's life, the PTSD is apparent from analyzing his service medical records. The appellant further contends that the veteran's alcohol abuse was the result of his PTSD and that this disability caused the abnormal mental state that caused his suicide. The questions of whether the veteran was suffering from PTSD caused by an event in service and whether this disability or his alcoholism resulted in his suicide can only be resolved by a person competent to make medical judgments. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). The appellant's unsubstantiated assertions are, therefore, insufficient to establish that the veteran's suicide was caused by mental unsoundness brought about by PTSD or alcoholism. The Board also notes that the examiner in the consultation sheet dated in July 1983, who stated that the veteran was presently having nightmares and flashbacks from his experiences and was seeking psychiatric help, also stated that it was suspected that these incidents may or not be related to his Vietnam experiences, ethanol abuse or a conversion reaction. To say that the veteran's disability may or may not be related to his Vietnam experiences is speculative, and does not justify a belief by a fair and impartial individual that the claim is well grounded. Alternatively, the veteran was diagnosed with Japanese B encephalitis in service, and the appellant maintains that this disease could have produced brain trauma which resulted in the abnormal mental state that caused him to commit suicide. To support this contention, the appellant's representative, during a personal hearing at the RO in March 1992 cited to a medical treatise, Dorland's Illustrated Medical Dictionary, 437, 795, 1045 (26th ed. 1985) for the proposition that encephalitis is an inflammation of the brain and as such, can cause disorientation. However, there is no competent medical evidence of record that the veteran either had encephalitis at the time of his suicide or that it caused or contributed to his suicide. These assertions by the appellant and her representative, which are presented by lay persons, not medical experts, do not add up to a plausible claim for service connection for the cause of the veteran's death, and the record on appeal does not include any competent medical evidence establishing a connection between the veteran's death by suicide and any injury or disease in service, such as PTSD or encephalitis. Therefore, the Board finds that the record does not include competent medical evidence that would justify a belief by a fair and impartial individual that the claim is well grounded. Thus, the appellant has not met the initial burden under 38 U.S.C.A. § 5107(a) (West 1991), and her claim as a matter of law is not well grounded. Grivois v. Brown, 6 Vet.App 136, 139 (1994); Grottveit; Tirpak. The VA has a duty to assist the veteran in development of facts pertinent to a well-grounded claim. 38 U.S.C.A. § 5107(a) (West 1991). See e.g., Murphy v. Derwinski, 1 Vet.App. 78 (1990); Ferraro v. Derwinski, 1 Vet.App. 326 (1991); Littke v. Derwinski, 1 Vet.App. 90 (1990). The Board remanded this case in May 1993 to satisfy this duty to assist which yielded negative results. Subsequent to May 1993, the Court provided further guidance as to the appropriate analysis to be applied with regard to whether claims are well gounded. Grivois v. Brown, 6 Vet.App. 136 (1994). In this light, the appellant's claim is clearly not well grounded. ORDER The appeal is dismissed. G. H. SHUFELT 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.