BVA9502100 DOCKET NO. 93-26902 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Sioux Falls, South Dakota THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: Disabled American Veterans INTRODUCTION The veteran served on active duty from September 1942 to January 1946, and died in February 1993. This matter comes before the Board of Veterans' Appeal from an April 1993 rating decision by the Department of Veterans Affairs (VA) Regional Office in Sioux Falls, South Dakota (RO). CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that service connection for the cause of the veteran's death should be granted on the basis that the underlying cause of death was "black lung" disease which developed secondary to service-connected malaria. She emphasizes that no autopsy was performed and therefore the precise cause of the veteran's death cannot be determined. 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 met the initial burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appellant's appeal has been obtained by the originating agency. 2. The veteran died in February 1993 at the age of 71 as a result of cardiopulmonary arrest. 3. No cardiac or pulmonary disease was present in service or manifested for many years thereafter. 4. Service-connected malaria, evaluated as noncompensable, was not a significant or material factor in the veteran's death. CONCLUSION OF LAW The appellant has not submitted evidence of a well-grounded claim. 38 U.S.C.A. §§ 1310, 5107 (West 1991); 38 C.F.R. § 3.312 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The appellant's claim is not "well-grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, she has not presented a claim that is plausible. There is no further duty to assist her in the development of her claim because such additional development would be futile. The official death certificate indicates that the veteran died in February 1993 at the age of 71 as a result of cardiopulmonary arrest. No autopsy was performed. Emergency department records from Rapid City Regional Hospital reveal that the veteran had been found unconscious in bed by his wife. Resuscitation in the field by emergency personnel and at the hospital was unsuccessful. The impression was cardiopulmonary arrest. As the appellant avers, cardiopulmonary arrest simply means that heart and lung function has ceased. In the absence of an autopsy, the underlying cause of death cannot be identified. A review of the veteran's service medical records is negative for references to chronic cardiovascular or pulmonary pathology. VA medical records show that during the years immediately following his service discharge the veteran sought treatment for Vincent's stomatitis and a duodenal ulcer. In August 1983, nearly four decades post service, the veteran received treatment at a VA hospital for chronic obstructive pulmonary disease (COPD) with asthmatic bronchitis. The diagnoses on VA examination for aid and attendance purposes in December 1988 were COPD and duodenal ulcer. Again, it cannot be determined whether any of these conditions were a factor in the death. The appellant has maintained that malaria, the only disability of the veteran which had been recognized as service-connected, led to the development of "black lung" disease which caused his demise. The only pulmonary disability shown by the record is COPD and no evidence has been submitted to establish that malaria was the direct cause of COPD or, as noted above, that COPD played a role in the veteran's death. With regard to the appellant's contention, the United States Court of Veterans Appeals (Court) has stated that: Where the issue is factual in nature, e.g., whether an incident or injury occurred in service, competent lay testimony, including a veteran's solitary testimony, may constitute sufficient evidence to establish a well-grounded claim under section 5107(a). See Cartright v. Derwinski, 2 Vet.App. 24 (1992). However, where the determinative issue involves medical causation or a medical diagnosis, competent medical evidence to the effect that the claim is "plausible" or "possible" is required. See Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). A claimant would not meet this burden imposed by section 5107(a) merely by presenting lay testimony because lay persons are not competent to offer medical opinions. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). Consequently, lay assertions of medical causation cannot constitute evidence to render a claim well grounded under section 5107(a); if no cognizable evidence is submitted to support a claim, the claim cannot be well grounded. Tirpak v. Derwinski, 2 Vet.App. 609, 611 (1992). Grottveit v. Brown, 5 Vet.App. 91, 93 (1993). Thus, since there is no evidence that the appellant has any level of medical expertise, her contention is beyond her level of medical competence and does not need to be accepted as true for the purposes of determining whether her claim is well grounded. Accordingly, since she has submitted no medical evidence that would support her contention, the Board finds that she has not met the initial burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that her claim is well grounded. Thus, since the Board does not have jurisdiction to adjudicate her claim, her appeal is dismissed. See Boeck v. Brown, 6 Vet.App. 14 (1993). The Board notes that this decision is to the appellant's benefit since, if she should decide to file another claim in the future, she will not be burdened with having to submit new and material evidence; she need only present a well-grounded claim. McGinnis v. Brown, 4 Vet.App. 239, 244 (1993). ORDER Entitlement to service connection for the cause of the veteran's death is dismissed. ____________________________ WAYNE M. BRAEUER 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.