Citation Nr: 20007544
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 14-07 591
DATE: January 29, 2020

REMANDED

Entitlement to an initial disability evaluation in excess of 0 percent for service-connected prostate cancer prior to June 24, 2016 is remanded.

REASONS FOR REMAND

The Veteran had active service from December 1955 to May 1975.

This matter again comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision issued by the Department of Veterans Affairs (VA) RO in Montgomery, Alabama.

The Veteran testified before the undersigned Veterans Law Judge (VLJ) via videoconference in February 2016; a transcript is of record. The Board previously remanded this matter in April 2016, July 2017, and February 2018.

Unfortunately, another remand is required in this case. Although the Board sincerely regrets the additional delay, further development is necessary to ensure that the Veteran is afforded every due consideration, and to aid the Board in making an informed decision.

In February 2018 remand, the Board instructed that a medical opinion be obtained as to if and when the Veteran’s prostate cancer recurred, or again became active, between January 2012 and June 2016.  A VA examiner reviewed the Veteran’s records in September 2019 and stated that, “I believe that it is at least as likely as not that this Veteran's current prostate cancer recurred or became active between 2012 and June 2016. The above opinion is based on review of this Veteran's VBMS-file showing documented records in 1/2012 with PSA of 0.81 and recurrence of his prostate cancer heralded by a rising serum PSA noted in 2013, 2014, 2015 and 2016.”  However, the examiner did not specify when during this time period that the Veteran’s prostate cancer actually recurred or became active.  As such, a remand is required for an addendum opinion.

The matters are REMANDED for the following action:

Return the file to the VA examiner who authored the September 2019 opinion as to the Veteran’s service-connected prostate cancer. If the September 2019 examiner is not available, forward the claims file to another clinician with the appropriate expertise.

The examiner should provide an opinion on the following:

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Is it at least as likely as not (50% percent of greater probability) that the Veteran’s prostate cancer recurred, or again became active, between January 2012 and June 2016?  If so, when?

A complete rationale for all opinions expressed should be set forth in the report.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Seserman

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.