Citation Nr: 21064631
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 16-58 698
DATE: October 21, 2021

REMANDED

Entitlement to service connection for urinary incontinence is remanded.  

REASONS FOR REMAND

The Veteran had active service from November 1975 to October 1976.  The Veteran testified before the undersigned in January 2020.  

The Veteran was previously represented by an attorney.  In October 2020 the Veteran's attorney withdrew from representing the Veteran pursuant to 38 C.F.R. § 14.631.  There is documentation in the file dated on September 13, 2021 showing that the Veteran revoked the power of attorney and remains unrepresented.  

Entitlement to service connection for urinary incontinence.  

In May 2020 the Board remanded the issue of entitlement to service connection for urinary incontinence and instructed that the Veteran be afforded a VA examination to determine the nature and etiology of his urinary incontinence.  Although the Veteran did not attended his VA examination most recently scheduled in June 2021, a July 2021 Report of General Information shows that the Veteran was confused about his claims and wanted to know when his urinary claim was going to be resolved.  Notably, in the May 2020 decision the Board granted service connection for residuals of prostate cancer and it appears that the Veteran confused this issue with his pending service connection claim for urinary incontinence.  In the July 2021 Report of General Information it was noted that the Veteran stated that if his private oncologist did not fill out a Disability Benefits Questionnaire he would be willing to report for a VA examination.  Such an opinion has not been received and the Veteran based on his confusion demonstrated good cause for not attending the examination.  A remand is necessary for a new examination to be scheduled.  

By this remand the Board makes no determination, expressed or implied, as to the credibility of any statements on file.

The matter is REMANDED for the following action:

1. Obtain any outstanding treatment records, VA or private.  All attempts associated therewith should be memorialized in the Veteran's claims file.  

2. Schedule the Veteran for a VA examination by an appropriate clinician to determine the nature and etiology of his urinary incontinence.  After reviewing the claims file, to include a copy of this remand, and examining the Veteran the examiner is asked to render the opinions requested below.  For all opinions rendered, the examiner must explain the rationale.  If the examiner is unable to provide an opinion, he or she should explain why.  The examiner is asked to do the following:

a.) Opine whether it is at least as likely as not (50 percent or greater) that any urinary incontinence was caused by a service-connected disability? Why or why not?

b.) Opine whether it is at least as likely as not (50 percent or greater) that any urinary incontinence was aggravated (made worse) by a service-connected disability? Why or why not?

c.) The examiner should consider the findings of Dr. J. in January 2020 showing the Veteran had some urinary incontinence.  The examiner also is asked to consider that the Veteran is service connected for residuals of non-Hodgkin's lymphoma and residuals of prostate cancer.   

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mac, 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.