Entitlement to service connection for metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes is granted.

Citation Nr: A26069941 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 211001-189156 DATE: July 30, 2026 ORDER Entitlement to service connection for metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes is granted. Entitlement to service connection for inguinal hernia as secondary to metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes is granted. Entitlement to service connection for oxaliplatin induced neuropathy, left lower extremity as secondary to metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes is granted. Entitlement to service connection for oxaliplatin induced neuropathy, left upper extremity as secondary to metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes is granted. Entitlement to service connection for oxaliplatin induced neuropathy, right lower extremity as secondary to metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes is granted. Entitlement to service connection for oxaliplatin induced neuropathy, right upper extremity as secondary to metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes is granted. Entitlement to service connection for the cause of death is granted. FINDINGS OF FACT 1. Metastatic adenocarcinoma of the stomach and esophagus is as likely as not attributable to service. 2. The Veteran's inguinal hernia is as likely as not secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus. 3. The Veteran's oxaliplatin induced neuropathy, left lower extremity is as likely as not secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus. 4. The Veteran's oxaliplatin induced neuropathy, left upper extremity is as likely as not secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus. 5. The Veteran's oxaliplatin induced neuropathy, right lower extremity is as likely as not secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus. 6. The Veteran's oxaliplatin induced neuropathy, right upper extremity is as likely as not secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus. 7. It is as likely as not that the Veteran's service-connected disability contributed substantially or materially to death, combined to cause death, or aided or lent assistance to the production of death. CONCLUSIONS OF LAW 1. The criteria for service connection for metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309. 2. The criteria for service connection for inguinal hernia as secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.310. 3. The criteria for service connection for oxaliplatin induced neuropathy, left lower extremity as secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.310. 4. The criteria for service connection for oxaliplatin induced neuropathy, left upper extremity as secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.310. 5. The criteria for service connection for oxaliplatin induced neuropathy, right lower extremity as secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.310. 6. The criteria for service connection for oxaliplatin induced neuropathy, right upper extremity as secondary to the service-connected metastatic adenocarcinoma of the stomach and esophagus for accrued benefits purposes have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.310. 7. The criteria for service connection for the cause of death have been met. 38 U.S.C. § 1310; 38 C.F.R. §§ 3.5, 3.312. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the U.S. Army from October 1977 to September 1998. The Veteran died in December 2019. His surviving spouse has been substituted in the pending appeal as the appellant. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). AMA became effective on February 19, 2019. In February 2021 and March 2021 rating decisions, the AOJ denied the claims for service connection. In October 2021, the appellant submitted a notice of disagreement, VA Form 10182 and elected the hearing lane. Under the AMA, when a claimant seeks appellate review through the Board's hearing docket, the Board may consider the evidence of record at the time of the AOJ decision on appeal, additional evidence submitted on the date of the Board hearing (including testimony), and additional evidence submitted within 90 days of the hearing. 38 U.S.C. § 7113(b). The appellant was afforded a hearing before a Veterans Law Judge (VLJ) in June 2025. This decision has been written consistent with the new AMA framework. SERVICE CONNECTION Service connection may be established for disability resulting from personal injury sustained or disease contracted in line of duty in the active military, naval, or air service. 38 U.S.C. §§ 1110, 1131. Service connection may also be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). Secondary service connection may be established for a disability which is due to service-connected disease or injury. 38 C.F.R. § 3.310(a). Secondary service connection is warranted where a non-service-connected disability would have been less severe "but-for" a service connected disability, either because there is an etiological link (to include worsening of functionality) between the two, or because the service-connected disability resulted in the inability to treat the non-service-connected disability. Spicer v. McDonough, 61 F.4th 1360, 1364 (Fed. Cir. 2023). In this case, the Veteran died in December 2019, and the appellant, his surviving spouse, filed a claim for accrued benefits in February 2020. Claims for VA benefits do not survive a claimant's death. However, a qualified survivor, including a spouse, may carry on the deceased veteran's claim for benefits by submitting an application for accrued benefits within one year after the veteran's death. 38 U.S.C. § 5121(a), (c); 38 C.F.R. § 3.1000. Accrued benefits are "periodic monetary benefits... to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death." Id. An accrued-benefits claim incorporates any prior final adjudication on claims brought by a veteran, because it derives from the veteran's claims. After review of the record, the Board has determined that the Veteran did have the claims addressed below pending at the time of his death. As noted, the Veteran died in December 2019. His cause of death was listed as malignant neoplasms of the esophagus. The Veteran argued that he was exposed to carcinogens asbestos, Cobalt -GO (Co -60), and Cesium-137 (CS -137), which caused his metastatic gastro-esophageal adenocarcinoma. He claimed high levels of friable asbestos was discovered in buildings he frequented while stationed at Ft. McClellan. He also claimed that hazardous levels of asbestos were present in the Officers club (building -51) and that he frequented this building to eat breakfast and dinner, almost daily; and that he also attended numerous meetings, and evening affairs. The Veteran argued that asbestos is a known human carcinogen and he breathed and ingested it almost daily while at Ft. McClellan. Additionally, the Veteran argued that he had oxaliplatin induced neuropathy of the lower and upper extremities as secondary to cancer, and that his inguinal hernia worsened because of chemo induced constipation. The Veteran has submitted credible and very detailed lay evidence describing his in-service asbestos exposure. The Veteran has also provided studies/surveys on asbestos exposures at Fort McClellan which corroborates his lay statements. Furthermore, Dr. D expressed in August 2019 that the Veteran was diagnosed with adenocarcinoma of the cardia and esophagus, with secondary malignant neoplasms of the liver and intrahepatic bile duct and various lymph nodes. Dr. D stated that the Veteran had no other known risk factors that may have precipitated his conditions. After a review of the pertinent records, Dr. D opined that it was more likely than not that the Veteran's conditions are a direct result of his combined exposure to friable asbestos and radiological contamination due to his military service. Here, the Veteran has submitted credible evidence detailing his asbestos exposure during service. The Veteran was also diagnosed with adenocarcinoma of the stomach and esophagus which has been linked to his in-service asbestos exposure. Dr. D stated that the Veteran had no other known risk factors that may have precipitated his conditions. Thus, the Board resolves reasonable doubt in favor of the appellant and grants service connection for metastatic adenocarcinoma of the stomach and esophagus. As service connection has been granted for metastatic adenocarcinoma of the stomach and esophagus, service connection for oxaliplatin-induced neuropathy of the left and right lower and upper extremities is also granted as secondary disabilities. The appellant has provided credible testimony that the Veteran developed neuropathy in his lower and upper extremities because of chemotherapy and radiation therapy used to treat his now service-connected metastatic adenocarcinoma of the stomach and esophagus. Treatment records show an assessment of oxaliplatin-induced neuropathy. The Board takes judicial notice that oxaliplatin is a cytotoxic chemotherapy medication. The Veteran and the appellant have also credibly expressed that the Veteran developed an inguinal hernia due to constant straining from chemo-induced constipation. Dr. B also noted that the Veteran had a painful worsening of an inguina hernia which was inoperable because of the chemotherapy. The lay statements of record in conjunction with the medical evidence are favorable to the claim. Accordingly, service connection for oxaliplatin induced neuropathy of the left and right upper extremities, oxaliplatin induced neuropathy of the left and right lower extremities and inguinal hernia is granted as secondarily related to the service connected metastatic adenocarcinoma of stomach and esophagus. Lastly, a disability will be considered the principal cause of death when such disability, singly or jointly with some other condition, was the immediate or underlying cause of death or was etiologically related thereto. A disability will be considered a contributory cause of death when it contributed substantially or materially to death, combined to cause death, or aided or lent assistance to the production of death. 38 U.S.C. § 1310; 38 C.F.R. § 3.312. The Veteran's death certificate shows that he died in December 2019 from malignant neoplasms of the esophagus. Service connection has now been granted for the Veteran's metastatic adenocarcinoma of the stomach and esophagus. His death certificate clearly states that malignant neoplasms of the esophagus was the immediate cause of his death, and no other contributing or underlying causes of death were noted. The claim is granted. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T.S. Willie The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.