Citation Nr: 21067999 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 20-12 776 DATE: November 8, 2021 REMANDED Whether the discontinuance of a 100 percent rating for prostate cancer effective September 30, 2018, was proper. A disability rating in excess of 40 percent for prostate cancer effective from October 1, 2018. REASONS FOR REMAND The Veteran served on active duty from October 1966 to August 1968. The case is on appeal from a July 2018 rating decision. The Veteran testified before the undersigned in March 2021. 1. Whether the discontinuance of a 100 percent rating for prostate cancer effective September 30, 2018, was proper. 2. A disability rating in excess of 40 percent for prostate cancer effective from October 1, 2018. The available VA medical records contain numerous administrative entries documenting the receipt of private medical records by the VA Medical Center (VAMC). According to these administrative entries, the private medical records were scanned into his electronic health record. Unfortunately, the records were not associated with the claims file. Other VA medical records confirm that the Veteran has had ongoing treatment by a private urologist and a private oncologist during the appeal period. A private oncologist wrote a supporting letter in September 2018, but the provider's treatment records are not in the file. These records appear relevant to the question of whether the discontinuance of the 100 percent rating from September 30, 2018, was proper. For example, the private oncologist wrote in the September 2018 letter that the Veteran received external radiation and injections from March 2018 until May 2018. The provider did not provide an exact date in May 2018 when this treatment ended. The Board observes that six months after May 2018 would correspond to a date in November 2018. Because this would be after September 30, 2018, when the 100 percent rating is now discontinued, the private medical records are needed to more accurately assess when the treatment for prostate cancer ended. The missing records also appear relevant to the disability rating assignable. For example, the Veteran testified at his Board hearing that he was changing absorbent materials two to three times during the day and two to three times per night. Board Hr'g Tr. 2. The most recent VA examination in November 2019 indicates he required absorbent material which must be changed 2 to 4 times per day. His private primary care provider wrote in April 2020 that he had stable symptoms with using absorbent materials 3 times per day. VA medical records in February 2021 show an expired prescription for absorbent materials to be used three times per day as needed. Because these medical records demonstrate a discrepancy in the frequency of use of absorbent material, the missing private medical records may reflect a more accurate, up-to-date account of how often he needed to change his absorbent materials. Thus, a remand is warranted to allow VA to obtain authorization and request these records. The matters are REMANDED for the following action: Ask the Veteran to complete a VA Form 21-4142 for all private (non-VA) providers or facilities who may have additional medical records, including Dr. Liu, Dr. Glazer, and Dr. Chao. Make two requests for any authorized records, unless it is clear after the first request that a second request would be futile. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Bosely, 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.