Citation Nr: 20021928
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 18-06 550
DATE: March 27, 2020

REMANDED

Entitlement to service connection for bladder cancer, to include as due to in-service exposure to herbicide agents, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1967 to February 1970. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

Entitlement to service connection for bladder cancer, to include as due to exposure to herbicide agents

The Veteran contends that his bladder cancer is related to his military service, to include as due to in-service exposure to herbicide agents. He has been diagnosed with malignant tumor of the urinary bladder. See May 2014 and April 2015 VA Treatment Records. He served during the Vietnam War, and his military personnel records, including his DD 214, indicate that he had service in Vietnam. See DD 214 and February 1969 Special Orders in Military Personnel Record. Accordingly, his in-service exposure to certain herbicides is presumed. 

The Veteran has not been afforded a VA examination to ascertain the nature, extent, and etiology of his bladder cancer. VA’s duty to assist includes, when necessary, conducting a thorough and comprehensive medical examination. McClendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006).

The Board finds that the medical evidence of record indicates that the Veteran has a current disability, but such does not identify the nature and extent of the Veteran’s disability. No VA examiner has addressed the Veteran’s contentions regarding the etiology of his bladder cancer, to include whether such can be attributed to his conceded in-service herbicide exposure. Given the lack of adequate medical evidence to make a decision on this matter, the Board finds that the Veteran should be afforded a VA examination to address the complete nature, extent, and etiology of his bladder cancer. This matter is thus REMANDED for the following action:

Schedule the Veteran for an appropriate examination to determine the nature and etiology of any bladder cancer disability he may have. The examiner should review the claims file and indicate such on the examination report. Any testing deemed necessary should be conducted, and the results thereof should be noted in the examination report. After a review of the claims folder, as well as an interview with and an examination of the Veteran, the examiner is asked to:

Opine as to whether it is at least as likely as not (i.e., at least a 50 percent probability or greater) that the Veteran’s diagnosed bladder cancer onset in, or is otherwise related to, his service or any incident therein, to include his conceded in-service exposure to herbicides. 

The examiner is advised that the Veteran is competent to report his symptoms and history and that such reports must be acknowledged and considered in formulating any opinion. A clear explanation for all opinions would be helpful, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. If the examiner is unable to provide any requested opinion, he or she should explain why.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Goreham

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.