Citation Nr: 21000211 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 12-28 407 DATE: January 4, 2021 REMANDED Entitlement to service connection for a respiratory disorder, including chronic obstructive pulmonary disease (COPD) (excluding service-connected pulmonary emboli, associated with prostate cancer), to include as secondary to herbicide agent exposure is remanded. Entitlement to service connection for peripheral neuropathy of the lower extremities, to include as secondary to herbicide agent exposure is remanded. Entitlement to service connection fora neurocognitive disorder, including dementia, to include as secondary to a service-connected disability, including PTSD is remanded. Entitlement to an increased rating for prostate cancer residuals, in excess of 40 percent from August 1, 2010 to October 1, 2013; in excess of 10 percent from October 1, 2013 to August 8, 2014, including the propriety of a rating reduction from 40 percent to 10 percent from October 1, 2013; and in excess of 30 percent from August 8, 2014, is remanded. Entitlement to an effective date earlier than September 23, 2011, for the award of a total disability rating based on individual unemployability is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from June 1966 to June 1969, including verified service in the Republic of Vietnam during the Vietnam Era. The Veteran and his spouse, D.R., testified at a Board hearing at the RO (Travel Board) in June 2019, before the undersigned Veterans Law Judge (VLJ). A transcript is of record. It is noted that the Board will address the Veteran’s additionally appealed issue of an increased rating for posttraumatic stress disorder (PTSD) in a separate Board decision, to be issued by a panel decision at a later date. An additional issue of special monthly compensation for aid and attendance/housebound status has also been certified to the Board and is pending the scheduling of a Board hearing. 1. Entitlement to service connection for a respiratory disorder, including chronic obstructive pulmonary disease (COPD) (excluding service-connected pulmonary emboli, associated with prostate cancer), to include as secondary to herbicide agent exposure. 2. Entitlement to service connection for peripheral neuropathy of the lower extremities, to include as secondary to herbicide agent exposure. 3. Entitlement to service connection fora neurocognitive disorder, including dementia, to include as secondary to a service-connected disability, including PTSD. 4. Entitlement to an increased rating for prostate cancer residuals, in excess of 40 percent from August 1, 2010 to October 1, 2013; in excess of 10 percent from October 1, 2013 to August 8, 2014, including the propriety of a rating reduction from 40 percent to 10 percent from October 1, 2013; and in excess of 30 percent from August 8, 2014. 5. Entitlement to an effective date earlier than September 23, 2011, for the award of a total disability rating based on individual unemployability. Following the issuance of the supplemental statement of the case (SSOC) in September 2020, additional VA medical evidence was added to the claims file, to include Memphis VA Medical Center treatment records, dated from October 2020 to December 2020. Given the receipt of VA-generated evidence following the transfer of the case to the Board in October 2020, the Board finds that a remand is necessary for the AOJ to consider the additional VA treatment records, and provide notice with an opportunity to respond to the Veteran and his private attorney. 38 C.F.R. § 19.37 (b). The matters are REMANDED for the following action: After conducting any development deemed appropriate, readjudicate the respiratory disorder, peripheral neuropathy, neurocognitive disorder, prostate cancer, and TDIU claims. If these issues are not granted to the Veteran’s satisfaction, send the Veteran and his representative a supplemental statement of the case and allow an appropriate time for response. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Biswajit Chatterjee, 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.