Citation Nr: 18129232 Decision Date: 08/28/18 Archive Date: 08/24/18 DOCKET NO. 16-32 788 DATE: August 28, 2018 REMANDED Entitlement to service connection for a disability manifested by an inability to urinate, (also claimed as urinary retention), to include as secondary to the service-connected coronary artery disease, is remanded. REFERRED In a brief dated in August 2018, the Veteran’s representative contended that the Veteran had pending claims of entitlement for higher ratings for hypertension, a left eye disability, and a heart disability. However, a review of the claims file shows that these were denied in an October 2008 rating decision. The Veteran was given his appellate rights and did not appeal the decision. Thus, the Board construes the representative’s statement as an attempt to file claims for higher ratings for hypertension, a left eye disability, and a heart disability. The Board also brings to the attention of the Agency of Original Jurisdiction (AOJ) the representative’s contention that glaucoma should have been service connected as part of the Veteran’s original claim for an eye disability as it was documented in the service treatment records. Further, the Veteran’s representative in the August 2018 brief also appeared to raise the following claims: entitlement to a total disability rating based on individual unemployability (TDIU) and a claim to reopen service connection for gout. Thus, the claims for higher ratings for hypertension, a left eye disability, and a heart disability—and TDIU—as well as the claim to reopen service connection for gout have been raised by the record and are referred to the AOJ for adjudication. REASONS FOR REMAND The Veteran had active service from March 1959 to February 1961 and from April 1961 to April 1979. In June 2018 the Veteran withdrew his request for a Board hearing. Entitlement to service connection for a disability manifested by an inability to urinate, (also claimed as urinary retention), to include as secondary to the service-connected coronary artery disease. On the June 2018 VA examination report, the examiner stated that the Veteran failed to report for the VA examination. In the August 2018 brief, the Veteran’s representative indicated that the Veteran did not receive notice of the scheduled examination. As it is unclear whether the notice of the VA examination was sent to the Veteran’s correct address, he should be scheduled for a new VA examination after his current mailing address has been verified. There also appear to be outstanding service treatment records that need to be obtained. In May 2014 the National Personnel Records Center (NPRC) confirmed that all available service records, to include service treatment records and service personnel records, were shipped to the vendor for uploading into the Veterans Benefits Management System. However, as pointed out by the Veteran’s representative in the August 2018 brief, no additional service treatment records have been associated with the file since the May 2014 reply from the NPRC was received. Notably, the service treatment records from 1959 to 1968 do not appear to be in the claims file. An attempt should be made to associate any outstanding service treatment records with the claims file. Lastly, the notice requirements of the Veterans Claims Assistance Act of 2000 (VCAA) do not appear to have been met with regard to the Veteran’s claim for service connection for a disability manifested by the inability to urinate. Thus, he should be sent a VCAA compliant notice letter pertaining to this claim. The matter is REMANDED for the following action: 1. Send the Veteran a VCAA notice letter which informs him of what the evidence must show to establish service connection for a disability manifested by inability to urinate (also claimed as urinary retention) on a direct basis and as secondary to his service-connected coronary artery disease. 2. Contact all appropriate repositories of records to obtain any outstanding service treatment records during the Veteran’s period of active service from 1959 to 1979, to include specifically service treatment records from 1959 to 1968. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159(c). If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e). 3. Verify the Veteran’s current mailing address. Notice of the examination requested below must be sent to the Veteran’s current verified mailing address of record. If the Veteran fails to report for the examination, document that the Veteran was provided notice of the scheduled examination at his current address of record. 4. Afterwards, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any diagnosed disability manifested by the inability to urinate (also claimed as urinary retention). The examiner is asked to do the following: a.) Opine whether any diagnosed disability manifested by the inability to urinate (also claimed as urinary retention) is at least as likely as not (50 percent or better probability) related to an in-service injury, event, or disease. b.) Opine whether any diagnosed disability manifested by the inability to urinate (also claimed as urinary retention) is at least as likely as not (50 percent or better probability) (a) caused, or (b) aggravated (worsened), by the service-connected coronary artery disease. In rendering the opinion, the examiner is asked to consider the Veteran’s contentions that he has been using a catheter for eighteen years since his heart surgery in 2000. See, e.g. June 2018 Decision Review Officer hearing transcript; see also March 2000 VA medical record showing Veteran had a coronary artery (CONTINUED ON NEXT PAGE) bypass graft, August 2000 VA treatment record prescribing medication for urination, and December 2001 VA treatment record showing hyperplasia of the prostate. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Mac, Counsel