BVA9504212 DOCKET NO. 93-04 511 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi 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 Neil Reiter, Counsel INTRODUCTION The appellant's husband died on December [redacted] 1990, as the result of an acute myocardial infarction due to severe coronary artery atherosclerosis. The service department has certified that the deceased served only in the reserve component. He had periods of active duty for training between April 1980 and December 1990. The service department has certified that he was on inactive duty training at the time of his death. This matter came before the Board of Veterans' Appeals (the Board) from a June 1991 rating decision by the Jackson, Mississippi, Regional Office denying entitlement to service connection for the cause of death. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that her husband had a massive heart attack on the day that he died, and that the service department has indicated on a Casualty Report DD Form 1300 that he was serving on active duty for training at the time of his death. 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 deceased 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 entitlement to service connection for the cause of death is not established. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appellant's appeal has been obtained by the regional office. 2. A death certificate shows that the appellant's husband died on December [redacted] 1990, as the result of an acute myocardial infarction due to severe coronary artery atherosclerosis. An autopsy confirmed this diagnosis. 3. The service department has certified that the deceased was on inactive duty training on December [redacted] 1990, when he was performing a Physical Readiness Test and suffered a fatal cardiac arrest. CONCLUSION OF LAW The deceased was not on active military, naval, or air service at the time of his death, and the requirements for entitlement to service connection for the cause of his death have not been met. 38 U.S.C.A. §§ 101(16)(24), 1310, 5107 (West 1991); 38 C.F.R. §§ 3.1(d)(k), 3.6, 3.312 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The appellant's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107. All relevant facts have been properly developed. I. Background The service department has reported that the appellant's husband served only in the reserve component and did not have any period of active duty. He had periods of active duty for training between April 1980 and December 1990. A Report of Casualty, DD Form 1300 shows that the appellant's husband had a cardiac arrest which occurred during a run/walk portion of his Physical Readiness Test held on December [redacted] 1990, and his duty status on this form was shown to be inactive duty training. A Department of the Navy Report of Investigation dated in March 1991 is of record. Pertinent findings show that the deceased was a Naval Reservist on inactive duty training on December [redacted] 1990. It was indicated that the appellant's husband was ordered to take a Physical Readiness Test on such date, that he completed the initial requirements, and that he was engaged in the run/walk phase of the test when he collapsed suddenly. Attempts to revive him were unsuccessful. The investigation report contains various statements confirming the circumstances of his duty assignment and of the circumstances surrounding his death. An autopsy report was included confirming that the appellant's husband died as the result of an acute myocardial infarction due to severe coronary artery atherosclerosis. II. Analysis Entitlement to service connection for the cause of a veteran's death is dependent upon whether a disease or injury was incurred in or aggravated in line of duty in the active military, naval or air service. The term "active military, naval or air service" includes active duty, any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred in or aggravated in line of duty, and any period of inactive duty training during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty. 38 U.S.C.A. §§ 101(16)(24). In this case, the veteran died of a sudden myocardial infarction during a drill period wherein he was undergoing a Physical Readiness Test, and the service department has reported that such period of service was inactive duty training. The appellant has contended that this period of service was active duty for training, but the specific form that she has mentioned on her appeal, specifically indicated that the deceased was on inactive duty for training on December [redacted] 1990, when he died. The report of investigation from the Department of the Navy confirms that the deceased was on inactive duty training at the time of his collapse. The report of investigation further contains an autopsy report which demonstrates that the deceased died from a sudden myocardial infarction, with the underlying cause of death being the disease process of severe coronary artery atherosclerosis. Death was the result of this disease process and was not due to any injury which was incurred in or aggravated in service. Consequently, the evidence establishes that the deceased was not on "active military, naval, or air service" at the time of his death, and that the requirements for entitlement to service connection for the cause of his death have not been met. See Brooks v. Brown, 5 Vet.App. 484 (1993). ORDER Entitlement to service connection for the cause of death is not established. The benefit sought on appeal is not granted. JAMES R. ANTHONY 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.