Citation Nr: 18140997 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 16-03 823 DATE: October 9, 2018 ORDER The service connection claim for prostate cancer (including prostate cancer residuals) is reopened. REMANDED Service connection for prostate cancer is remanded. FINDING OF FACT An unappealed March 2008 rating decision denied service connection for prostate cancer. Evidence received since the March 2008 denial, including Veteran’s December 2015 written statement (describing how elevated in-service prostate-specific antigen (PSA) value, although initially diagnosed as prostatitis, was continuously monitored after service and eventually diagnosed as prostate cancer) was not of record at that time, relates to an unestablished fact necessary to substantiate the underlying claim of service connection, and raises a reasonable possibility of substantiating that claim. CONCLUSION OF LAW New and material evidence has been received; the claim for service connection for prostate cancer may be reopened. 38 U.S.C. §§ 5108, 7105; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1981 to April 2002. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2011 rating decision. In July 2010 and March 2014, service treatment records (STRs) were associated with the electronic claims file; however, these documents are listed as evidence and discussed in the March 2008 rating decision. Accordingly, the Board finds that the records are not new records within the meaning of 38 C.F.R. § 3.156(c), and that new and material evidence is required (and has been received) to re-open this claim. The issue of service connection for a low back disability was formerly associated with this appeal stream; however, the Veteran did not file a VA Form 9 (substantive appeal) for that claim. Accordingly, that issue is not on appeal and will not be addressed further here. Whether new and material evidence has been received to reopen the claim for service connection for prostate cancer residuals For the reasons outlined above, the claim for service connection for prostate cancer residuals is reopened. (CONTINUED ON THE NEXT PAGE) REASONS FOR REMAND Service connection for prostate cancer residuals is remanded. A remand is necessary to obtain a medical opinion regarding whether the Veteran’s prostate cancer had its onset during active service, within one year of separation, or is otherwise related to the Veteran’s service. The matter is REMANDED for the following action: 1. Obtain any updated VA treatment records or adequately identified government or private treatment records for association with the claims file. 2. Schedule the Veteran for a VA examination with a urologist. [The Board draws the examiner and RO’s attention to November 1999 and January 2000 STRs showing ongoing treatment for prostatitis associated with elevated PSA values, a December 2001 PSA test result, an October 2003 treatment record showing concern regarding yet another elevated PSA value, and February 2004 private treatment records diagnosing prostate cancer, which hopefully will provide helpful information to the examiner and the RO.] The examiner should answer the following questions based on (1) a review of the claims file and (2) interview and examination of the Veteran. a) Is it at least as likely as not (a 50 percent or better probability) that the Veteran’s prostate cancer, although formally diagnosed in February 2004, had its onset during active service, within one year of separation from active service (by April 2003), or is otherwise related to the Veteran’s service? In answering a), please elicit, report, and refer to the Veteran’s description of symptom onset and progression AND review and discuss the Veteran’s STRs showing elevated PSA values, ESPECIALLY the December 2001 value (which may have been previously overlooked by the RO), and the Veteran’s statement that although prostatitis was the initial diagnosis, continuous symptoms, monitoring, and workup related to the elevated PSA values eventually revealed prostate cancer. b) Please state whether the Veteran has current (December 2010 to present) prostate cancer AND identify any current prostate cancer residuals. [CONTINUED ON NEXT PAGE] A DETAILED explanation (rationale) for all opinions provided is requested and very much appreciated. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation.) VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Robinson, Associate Counsel