Citation Nr: 18157102
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 13-00 067A
DATE:	December 11, 2018
REMANDED
Entitlement to service connection for prostate cancer, to include as due to in-service exposure to ionizing radiation is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1951 to February 1955.
The Veteran’s claim for entitlement to service connection for prostate cancer was remanded by the Board in March 2016 for additional development.  While the RO complied with the majority of the Board’s remand directives, the RO failed to submit the Veteran’s claim to the Under Secretary for Benefits for additional consideration in compliance with 38 C.F.R. § 3.311(b), as directed.  See Stegall v. West, 11 Vet. App. 268, 271 (1998) (a remand by the Board confers on the veteran, as a matter of law, the right to compliance with the remand orders).  Accordingly, remand for such compliance is necessary.
The matter is REMANDED for the following action:
1. Refer the Veteran’s claim to the VA Under Secretary for Benefits for consideration in accordance with 38 C.F.R. § 3.311(b), who may request an advisory medical opinion from the VA Under Secretary for Health under 38 C.F.R. §§ 3.311(b), (c)(1).
2. Thereafter, readjudicate the issue on appeal, considering all evidence of record.  If the benefit sought is not granted to the fullest extent, issue a Supplemental Statement of the Case and afford the Veteran and his representative an appropriate opportunity to respond.  The case should be returned to the Board, as warranted.
 
MICHAEL MARTIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Katz, Counsel