Citation Nr: 18153965 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 15-22 778 DATE: November 28, 2018 REMANDED The claim of entitlement to a disability rating in excess of 40 percent for service-connected residuals of prostate cancer is remanded. The claim of entitlement to a disability rating in excess of 70 percent for service-connected panic disorder without agoraphobia is remanded. The claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1966 to April 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). On his June 2015 VA Form 9, the Veteran requested a Board hearing. However, the Veteran withdrew his hearing request in a February 2016 correspondence. 38 C.F.R. § 20.704 (e).   1. Entitlement to a disability rating in excess of 40 percent for service-connected residuals of prostate cancer 2. Entitlement to a disability rating in excess of 70 percent for service-connected panic disorder without agoraphobia VA's duty to assist includes obtaining evidence necessary to substantiate the claim, which may include a thorough and contemporaneous medical examination. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; Green v. Derwinski, 1 Vet. App. 121, 124 (1991). When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. VAOPGCPREC 11-95 (April 7, 1995); Snuffer v. Gober, 10 Vet. App. 400 (1997). VA provided examinations for the Veteran’s disorders in September 2011. In a November 2018 brief, the Veteran’s representative argued that the record does not adequately reveal the current state of the Veteran’s claimed disabilities, noting that the Veteran’s most recent examinations had been conducted seven years ago. The representative referred to the Veteran’s May 2013 Notice of Disagreement, which referred to increasing symptoms of the Veteran’s prostate cancer residuals and the panic attacks that were predicated on these symptoms. This argument, in conjunction with the Notice of Disagreement, indicates that the Veteran’s service-connected disabilities may have worsened. As such, the Board finds that remand is warranted to provide new examinations. 3. Entitlement to a TDIU The outcome of the Veteran’s claims of entitlement to increased ratings for his disorders will impact the adjudication of his claim for a TDIU. As such, the claims are intertwined, and the claim for a TDIU must also be remanded. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). On remand, the examiners conducting examinations for the Veteran’s psychiatric and prostate disorders should comment on the effect the conditions have on the Veteran’s employability.   The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his or her representative. 2. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the severity of the service-connected residuals of prostate cancer. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaire must be utilized. The examiner should comment on the impact on employment of the Veteran’s residuals of prostate cancer. 3. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the severity of the service-connected panic disorder without agoraphobia. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaire must be utilized. The examiner should comment on the impact on employment of the Veteran’s panic disorder without agoraphobia. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Steve Ginski, Associate Counsel