Citation Nr: 18149495
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 16-54 741
DATE:	November 9, 2018
REMANDED
Entitlement to a compensable initial rating for prostate cancer residuals is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 1969 to November 1969 and March 1970 to December 1971.
This matter is before the Board of Veterans’ Appeals (Board) on appeal of a May 2013 rating decision by the Department of Veterans Regional Office (RO) in Augusta, Maine.    
While the Board regrets the delay, pursuant to the duty to assist, additional development is needed with respect to the Veteran's claim. 
In the October 2012 Disability Benefits Questionnaire (DBQ) a private physician reported that the Veteran has no residual voiding dysfunction or history of recurrent urinary tract or kidney infections.  The physician did not report any other residual conditions and/or complications or other pertinent physical findings. In his August 2013 correspondence to the Board, the Veteran contends that the October 2012 physician never questioned him about any prostate voiding dysfunction.  As such, the Board finds the October 2012 DBQ to be inadequate, as it does not fully describe the severity of the Veterans disability.  See Barr v. Nicholson, 21 Vet. App. 303, 312. 
In addition, the Veteran has stated that his condition has worsened.  In his correspondence received August 2013, the Veteran contends that “voiding and post-void residuals” occur “almost every day with voiding 3-4 times per night and many times returning to eliminate the residual.”  The Veteran reports in the Form 9 received October 2016 that he has “daytime voiding of two to three hours on average,” and that “nighttime voiding two to four times a night with returning to complete became commonplace and began to be considered as a part of life for many years.”  Given that latest DBQ may not adequately reflect the current disability status, a new examination is necessary and the matter must be remanded for a new VA examination. Snuffer v. Gober, 10 Vet. App. 400, 403.
The matter is REMANDED for the following actions:
1. Obtain all outstanding VA treatment records from August 2015 to date.  All attempts to obtain these records must be documented in the claims file. The Veteran is invited to submit directly to VA any relevant records he has in his possession or that he obtains himself.  
2. Schedule the Veteran for an appropriate VA examination to determine the extent, severity and manifestations of his service-connected prostate cancer residuals. The claims file must be made available to the examiner for review in conjunction with the examination. All necessary testing must be completed. All clinical manifestations of the Veterans prostate cancer and associated functional impairment, must be reported in detail. Associate a copy of the examination report with the claims file.
The examiner should provide a complete rationale for all opinions expressed. If the examiner cannot provide the requested information without resorting to speculation, then the examiner should provide an explanation and rationale for why such information could not be provided.
3. After the above requested development, and any other development deemed necessary, has been completed, readjudicate the issue on appeal.  If the benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case and an appropriate amount of time for response.   


 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S.E. Leary,  Associate Counsel