Citation Nr: 18146507
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 16-32 231
DATE:	October 31, 2018
REMANDED
Entitlement to service connection for prostate cancer, to include as due to herbicide exposure and/or secondary to service-connected hypertension, is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Air Force from June 1966 to May 1970.
Pennsylvania Office of Veterans Affairs and Veterans Affairs Luzerne County revoked its representation and withdrew as the Veteran’s representative in January 2013 prior to the certification of this appeal.  The record reflects that written notice was only provided to the Board.  In April 2016, a notice letter with the Statement of the Case (SOC) was sent to the Veteran affording him the opportunity to select another representative.  As of this date, there has been no response from the Veteran; therefore, the Board will proceed under the assumption that he wishes to represent himself.  See 38 C.F.R. § 20.608(a) (2018).
In June 2016, the Veteran filed an untimely Substantive Appeal in response to the April 2016 SOC for the issue on appeal.  Nevertheless, there is no indication that the Regional Office (RO) closed the case for failure to file a timely substantive appeal because the RO certified this issue to the Board in October 2016.  See Percy v. Shinseki, 23 Vet. App. 37, 42-45 (2009).
1. Entitlement to service connection for prostate cancer, to include as due to herbicide exposure and/or secondary to service-connected hypertension
In May 2010, the Veteran requested service connection for prostate cancer due to herbicide exposure during active service and/or his high blood pressure.  The Veteran does not have qualifying service to presume that he was exposed to herbicide agents in service.  During the course of the appeal, in a June 2016 VA rating decision, the issue of service connection for hypertension was granted on a direct basis as related to elevated readings in service.  Review of the record does not show an attempt has been made to develop this claim on appeal on a secondary basis.  As such, the Board finds that additional development is needed to determine the existence and etiology of the Veteran’s prostate cancer on a secondary basis.  See 38 U.S.C. § 1110 (2012); 38 C.F.R. § 3.310 (2018); McLendon v. Nicholson, 20 Vet. App. 79 (2006).
The matter is REMANDED for the following actions:
1. Provide the Veteran’s claims file to an appropriate clinician to provide an opinion regarding his prostate cancer.  The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated.  An examination is only required if deemed necessary by the examiner.  
The examiner must opine as to the following: 
(a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s prostate cancer was proximately due to or the result of his service-connected hypertension.
(b.) Whether it is at least as likely as not that the Veteran’s prostate cancer was aggravated beyond its natural progression by his service-connected hypertension.  
The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report.  If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 
2. Then, readjudicate the claim.  If the decision is unfavorable to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then, return the case to the Board.
 
D. Martz Ames
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Carter, Counsel