BVA9506351 DOCKET NO. 93-10 078 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois 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 ATTORNEY FOR THE BOARD J.W. Engle, Counsel INTRODUCTION The veteran served on active duty from May 1942 to October 1945. He was a prisoner of war of the German Government from December 20, 1944 to April 6, 1945. This matter came before the Board of Veterans' Appeals (the Board) on appeal from a decision dated in June 1992 by the Chicago, Illinois, Department of Veterans Affairs Regional Office (VARO). REMAND Review of the record reveals that the appellant has contended that the veteran's death was the result of his service-connected disabilities. At the time of his death, the appellant was service-connected for traumatic arthritis of the knees, hands, dorsal and lumbar spine as well as frostbite of the feet and generalized anxiety. The death certificate reflects that the veteran died in May 1992 and that the immediate cause of death was myocardial infarction due to ventricular arrhythmia as a consequence of coronary artery disease. It was further noted that other significant conditions contributing to the veteran's death included cerebrovascular disease. In support of her claim, the appellant submitted a statement from Dr. Kmicikewycz, apparently the appellant's treating physician, dated in December 1992 which implied that the veteran's death was the result of service related medical problems. However, he provided no clinical evidence to support his conclusion of a relationship between the myocardial infarction, ventricular arrhythmia and coronary artery disease, as the cause of the veteran's death and his period of service or his service-connected disabilities. Accordingly, the Board believes that the appellant should be provided an opportunity to request that Dr. Kmicikewycz provide the objective medical evidence upon which he based his conclusion. Furthermore, in light of the need for additional development, the Board concludes that an opinion from a VA physician as to the cause of the veteran's death and its relationship to his service or service-connected disabilities would be helpful. Therefore, this case is REMANDED for the following action: 1. VARO should contact the appellant, through her representative, and request that she contact Dr. Kmicikewycz in an effort to obtain clinical evidence consisting of treatment reports or other objective evidence upon which he based his opinion as to a relationship between the cause of the veteran's death and his service or service-connected disabilities. All attempts to obtain the above evidence should be documented within the record. All records received in response to these requests should be associated with the claims folder. 2. Upon completion of the above, arrangements should be made to have a VA physician who specializes in cardiology review the entire claims folder and provide an opinion as to the principal or contributory relationship, if any, between the veteran's service-connected disabilities and his death certified to be the result of myocardial infarction due to ventricular arrhythmia as a consequence of acute respiratory failure. The examiner should further comment on the relationship, if any, between the certified cause of death and the appellant's period of service. 3. The VA physician's attention is directed to the VA Prisoner of War Protocol examination report dated in June 1984 which reflects that the appellant's blood pressure was 120/80 at the time of service separation and that the cardiovascular findings were normal. Further findings noted that the first evidence of hypertension was in February 1982. Attention is also directed to the statement from Dr. Kmicikewycz dated in December 1992. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. C.P. RUSSELL 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. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1994).