Citation Nr: 18160187
Decision Date: 12/27/18	Archive Date: 12/26/18

DOCKET NO. 16-22 673
DATE:	December 27, 2018
REMANDED
Whether the reduction of the rating for post prostatectomy prostate cancer from 100 percent to 60 percent, effective July 1, 2015, was proper is remanded.
Entitlement to a rating in excess of 60 percent for residuals of post prostatectomy prostate cancer from July 1, 2015 is remanded.
Entitlement to special monthly compensation (SMC) at the housebound rate from July 1, 2015 is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1970 to November 1971.  These matters are on appeal from an April 2015 rating decision, which reduced the rating for postoperative prostate cancer from 100 percent to 60 percent and discontinued SMC, both effective July 1, 2015.  
In a January 2015 statement, the Veteran indicated that his prostate cancer is not in remission, but continues to be treated by VA.  The most recent VA treatment records associated with the claims file are from June 2015, and it appears that he is receiving continuing followup treatment.  Updated VA treatment records are pertinent evidence constructively of record, and must be obtained.
The Board also finds that the evidence currently of record is insufficient for a proper evaluation of the Veteran’s postoperative prostate cancer.  He does not appear to have been afforded a VA examination to assess the prostate cancer since December 2014 (four years ago) and there are no treatment records since June 2015. Consequently, a contemporaneous examination is necessary.  See Allday v. Brown, 7 Vet. App. 517 (1995).
The three issues on appeal (listed on the preceding page) are inextricably intertwined.  All pertain (wholly or in part) to the severity of, and rating for, the post-prostatectomy prostate cancer from July 1, 2015.  See Harris v. Derwinski, 1 Vet. App. 180 (1991).  Therefore, they must be considered concurrently, in sequence (the issue pertaining to SMC following the determination on the rating for prostate cancer from July 1, 2015).
The matters are REMANDED for the following:
1.  Obtain the complete clinical records of the Veteran’s treatment for prostate cancer and its residuals from June 2015 to the present. 
2.  Then arrange for the Veteran to be examined by an appropriate clinician to assess the nature and severity of his post-prostatectomy prostate cancer.  Any tests or studies deemed necessary must be completed.  The Veteran’s electronic claims file must be reviewed by the examiner, and the appropriate Disability Benefits Questionnaire should be used for evaluating the current severity of the disability.  Findings reported must specifically include notation of whether the prostate cancer has been active since July 1, 2015 (or in remission throughout), when therapy ended, whether there is renal dysfunction (and if so its symptoms and related impairment), and the nature and severity of voiding dysfunction.
All opinions must include rationale.
 
George R. Senyk
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Bonnie Yoon, Counsel