Citation Nr: 20004471 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 15-40 436 DATE: January 21, 2020 REMANDED Entitlement to service connection for prostate cancer, to include as due to contaminated water at Camp Lejeune, is remanded. Entitlement to service connection for erectile dysfunction, to include as secondary to prostate cancer, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1974 to October 1977. In September 2017, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the record. In April 2018, the Board denied service connection for prostate cancer and erectile dysfunction. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims. In a June 2019 Memorandum decision, the Court vacated the Board’s decision and remanded these claims to the Board for further proceedings. 1. Entitlement to service connection for prostate cancer and erectile dysfunction, is remanded. In an April 2018 Board decision, the Board relied on an April 2015 VA examination in denying these claims. In a June 2019 memorandum decision, the Court found that the April 2015 VA examination was inadequate because the examiner did not appropriately consider the record, and the report contained inconsistencies. Specifically, the April 2015 VA examiner concluded that the Veteran’s exposure to contaminants was minimal despite lay evidence suggesting otherwise or discussion of that evidence. The Board erred in relying on the examination. When VA provides an examination or obtains an opinion, the examination or opinion must be adequate. Barr v. Nicholson, 21 Vet. App. 303 (2007). A remand is necessary to obtain a new VA examination. The matters are REMANDED for the following action: 1. With any necessary authorization from the Veteran, obtain any outstanding VA or private treatment records. All attempts to locate records must be documented in the claims file. 2. Then, schedule the Veteran for a VA examination with a medical doctor to determine the nature and etiology of the Veteran’s prostate cancer. The examiner must review the record, and a complete history should be elicited from the Veteran. Any testing deemed necessary should be performed, and all clinical findings should be reported in detail. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that prostate cancer had its onset in service, was aggravated by service, or is otherwise related to any incident of service, to specifically include as due to exposure to contaminated water at Camp Lejeune. The examiner should consider the articles submitted by the Veteran regarding levels of exposure and duration of exposure. If it is determined that there is another likely etiology for prostate cancer, that should be stated. A complete rationale for all opinions should be provided in the examination report. 3. Schedule the Veteran for a VA examination to determine the nature and etiology of erectile dysfunction. The examiner must review the claims file, and should note that review in the report. Any testing deemed necessary should be performed, and all clinical findings should be reported in detail. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that any erectile dysfunction had its onset in service, was aggravated by service, or is otherwise related to any incident of service, to specifically include as due to exposure to contaminated water at Camp Lejeune. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that any erectile dysfunction was caused by, due to, or the result of prostate cancer. The examiner should also opine whether it is at least as likely as not (50 percent or greater probability) that any erectile dysfunction has been aggravated (permanently worsened beyond the natural progress of the disorder) by prostate cancer. A complete rationale for all opinions should be provided in the examination report. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Kass 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.