Citation Nr: 20071237
Decision Date: 11/04/20	Archive Date: 11/04/20

DOCKET NO. 18-07 382
DATE: November 4, 2020

REMANDED

Entitlement to service connection for diabetes mellitus, type II, to include as exposure to an herbicidal agent, for accrued benefits purposes, is remanded.

Entitlement to service connection for prostate cancer, to include as due to exposure to an herbicidal agent, for accrued benefits purposes, is remanded.

INTRODUCTION

The Veteran served on active duty from May 1962 to May 1982.  He died in December 2019 and his surviving spouse has been substituted as the Appellate.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas.  In April 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of this hearing has been associated with the claims file.

These claims were remanded by the Board in July 2019 for additional development.  After this development, the RO re-adjudicated claims, confirming and continuing the denial thereof.  The RO then issued an August 2020 supplemental statement of the case before remitting the appeal to the Board for further appellate review.

REASONS FOR REMAND

In the July 2019 remand, the Board directed the RO to provide the Veteran with VA examinations with respect to his diabetes mellitus, type II, and prostate cancer.  Given the Veteran’s death, the RO was only to obtain an opinion from a VA examiner based on a review of the record.

In August 2020, the RO obtained an opinion from a VA examiner.  The Board requested that the examiner provide an opinion as to whether any of the Veteran’s service-connected disabilities and/or the medication prescribed to treat service-connected disabilities “caused” the Veteran to become obese.  Regrettably, the Board did not request an opinion as to “aggravation.”  An aggravation opinion is required.  

Further, the examiner appears to limit the opinion to the Veteran’s service-connected hypertension despite service-connection being in effect for several other disabilities.

As such, the Board finds that remand is warranted in order to obtain another opinion from a VA examiner.

The matters are REMANDED for the following action:

Obtain a supplemental opinion from a VA examiner regarding the Veteran’s diabetes mellitus, type II, and prostate cancer.  Make the Veteran’s electronic claims file available to and ensure that it is reviewed by the examiner.  All pertinent symptomatology and findings must be reported.  The examiner should then provide an opinion as to whether it is at least as likely as not (a 50 percent probability or greater) that:

(a)	The Veteran’s service-connected disability (including, but not limited to, hypertension) and/or any medication prescribed to treat service-connected disability caused OR aggravated the Veteran’s obesity;

(b)	If so, was the resulting obesity a substantial factor in causing the Veteran’s diabetes mellitus, type II, and/or prostate cancer; AND

(c)	The Veteran’s diabetes mellitus, type II, and/or prostate cancer would not have occurred but for the resulting obesity.

All rendered opinions must be accompanied by a thorough rationale.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Department of Veterans Affairs

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.