Citation Nr: 18160956 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 16-43 173 DATE: December 28, 2018 REMANDED Entitlement to a compensable evaluation for service connected erectile dysfunction is remanded. Entitlement to an evaluation higher than 60 percent for service connected adenocarcinoma of the prostate is remanded. Entitlement to an initial compensable evaluation for service connected residual prostatectomy scar is remanded. Entitlement to an effective date prior to April 30, 2015 for service connected adenocarcinoma of the prostate evaluated at 60 percent is remanded. Entitlement to a total disability rating based on individual unemployability(TDIU) is remanded. REASONS FOR REMAND The Veteran served honorably in the Army from January 1970 to December 1972. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 and June 2015 rating decisions of the Department of Veteran Affairs (VA) Regional Office (RO) in Janesville, Wisconsin. The appeal was certified to Board by the RO in Cheyenne, Wyoming. 1. Increased Evaluations First, remand is required regarding the increased evaluation claims to attempt to obtain private medical records. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2018). This includes making reasonable efforts to obtain relevant private medical records. 38 C.F.R. § 3.159(c)(1). In an August 2016 statement, the Veteran reported he was treated in March 2014 through April 2014 for residuals of prostate cancer. In August 2016, the private treatment provider stated the Veteran had paid for the records and they would be delivered as quickly as possible. The private medical records are not associated with claims file. Additionally, the VA has not made any attempts to obtain the private records. This must be done on remand. Second, remand is required for current VA examinations. 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). Where VA provides the veteran with an examination, the examination must be adequate. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). A VA examination was conducted on October 2015. The disability benefits questionnaire (DBQ) was completed with a review of the record and without an in-person examination. The examiner stated the existing medical evidence provided sufficient information on which to prepare the DBQ. A review of the record showed there are no medical records in the file after June 2006. In the August 2016 substantive appeal, the Veteran alleged the VA did not address secondary medical conditions related to prostate cancer. Accordingly, remand is required to adequately assess the current severity of the Veteran’s prostate cancer and associated residuals. 2. Effective Date Third, the claim of entitlement to an effective date prior to April 30, 2015 for service connected adenocarcinoma of the prostate evaluated at 60 percent must be remanded for issuance of a statement of the case (SOC). A June 2015 rating decision assigned a 60 percent evaluation effective April 30, 2015. The Veteran filed a notice of disagreement (NOD) in April 2016, but an SOC has not yet been issued. See 38 C.F.R. § 20.200 (2018); Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). Accordingly, a remand is required for the AOJ to issue an SOC. 3. TDIU Lastly, remand is required because the issue of TDIU is inextricably intertwined with the pending increased evaluation claims. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that issues are inextricably intertwined and must be considered together when a decision concerning one could have a significant impact on the other). The matters are REMANDED for the following action: 1. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his attorney. 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 adenocarcinoma of the prostate. 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. 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 erectile dysfunction. 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. 4. 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 residual prostatectomy scar. 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. 5. Send the Veteran and his attorney a statement of the case that addresses the issue of entitlement to an effective date prior to April 30, 2015 for service connected adenocarcinoma of the prostate evaluated at 60 percent. If the Veteran perfects an appeal, the issue should be returned to the Board for further appellate consideration. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Bruton, Associate Counsel