Citation Nr: 18146517
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 13-31 733
DATE:	October 31, 2018
REMANDED
Entitlement to compensation under 38 U.S.C. 1151 for prostate cancer is remanded.
REASONS FOR REMAND
Unfortunately, during the pendency of this appeal, the Veteran died in April 2015.  In May 2015, VA received notice the Veteran had died.  The Board would be remiss if it did not recognize the Veteran’s outstanding service.  The Veteran was clearly a credit to the Army and to his family, and his service to his country is greatly appreciated.
The Veteran served on active duty from July 1964 to July 1966.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas.
In a September 2018 correspondence, VA granted substitution for the Veteran’s spouse.
While receiving kidney treatment, the Veteran stated on his October 2013 VA Form 9 that his prostate specific antigen (PSA) count had elevated, which was noted in his VA treatment records, but he was not notified by VA of the elevated PSA.  He subsequently developed prostate cancer, which resulted in his death.  The Veteran clams VA was negligent in not acting on the elevated PSA or notifying him of the elevated PSA and thus allowing his prostate cancer to progress to stage 4.
The Board finds that in order to adequately decide the claim, it must remand it for a medical opinion.
The Board further notes the Veteran’s death certificate does not appear to be on file.  As a result, an attempt should be made to obtain the Veteran’s death certificate and add it to his electronic record.
The matter is REMANDED for the following action:
1. Obtain a copy of the Veteran’s death certificate.
2. The RO should then arrange for a VA medical opinion to determine whether VA medical services were the proximate cause of the Veteran’s stage 4 prostate cancer and subsequent death.
More specifically, the VA examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) the failure to notify the Veteran of a rise in his PSA count and therefore not provide him with adequate service to seek early treatment was (A) due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or (B) an event not reasonably foreseeable.
The examiner must provide a comprehensive report that includes a complete rationale for all opinions and conclusions reached.
 
J. CONNOLLY
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Denton, Buck