Citation Nr: 19144751
Decision Date: 06/11/19	Archive Date: 06/10/19

DOCKET NO. 14-30 083
DATE:	June 11, 2019

ORDER

Entitlement to service connection prostate disorder, diagnosed as benign prostatic hyperplasia (BPH), is granted.

FINDING OF FACT

Resolving doubt in the Veteran’s favor, his BPH is aggravated by his service-connected diabetes.

CONCLUSION OF LAW

The criteria for service connection for BPH are met.  38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.310(a).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1963 to October 1965.  

This appeal was previously before the Board in October 2015 and December 2017, at which times it was remanded for additional action.  It is also noted that the Veteran testified before the undersigned Veterans Law Judge in September 2017, having been given another opportunity for a hearing because the Veterans Law Judge who previously held a hearing in September 2015 is no longer employed at the Board.

The Board also notes that the Veteran has a current appeal pending for other issues stemming from his notice of disagreement with a December 2018 rating decision.  See May 2019 VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)) (requesting a hearing with a Veteran’s Law Judge).  As stated in the Board recent letter of May 2019, the appeal for these issues “has been placed on the Hearing docket” and thus will be addressed in a separate Board decision at a later time.

Entitlement to service connection for BPH is granted.

As an initial matter, the Board acknowledges that the Veteran has been diagnosed with BPH.  See e.g. March 2017 VA anatomic pathology report (diagnosing BPH). Accordingly, a current disability is shown.   It is also known that the Veteran is service connected for diabetes mellitus.  See March 2018 rating decision.

In a recent May 2009 independent medical expert (IME) opinion obtained in response to a request by the Board, the examiner concluded that “it is reasonable to assume (more than 50% likelihood), that the [V]eteran’s BPH was aggravated by the diagnosis of diabetes.”  See May 2009 IME opinion (emphasis original).  In rationale for the favorable nexus opinion, the examiner succinctly explained that “[i]t is well known that diabetes can lead to both bladder and prostate symptoms and that men with diabetes have worse lower urinary tract symptoms (due to BPH) than men without diabetes.”

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Given the favorable, probative nexus evidence of record, the Board finds that the evidence is at least in equipoise to support the establishment of service connection for BPH on a secondary basis.

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	K.Gielow, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.