Citation Nr: 21068516 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 17-55 754 DATE: November 10, 2021 REMANDED Entitlement to an increased rating in excess of 30 percent disabling for service-connected neoplasm of the kidney, status post left nephrectomy is remanded. Entitlement to a compensable rating for service-connected bronchoalveolar carcinoma, status post right lower lobectomy is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1967 to May 1971. In a March 2020 decision, the Board denied entitlement to service connection for a higher rating for the above-referenced issues. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). In August 2021, the Court granted a Joint Motion for Remand (Joint Motion) vacating the Board's decision that denied the Veteran's claims and remanding the issues to the Board. 1. Entitlement to an increased rating in excess of 30 percent disabling for service-connected neoplasm of the kidney, status post left nephrectomy is remanded. In the August 2021 Joint Motion, it was noted that although the Board considered the Veteran's neoplasm of the kidney, status post left nephrectomy, under Diagnostic Code (DC)7500 for removal of the kidney, it failed to address the evidence in the record relating to voiding dysfunction and urinary frequency reported by the Veteran and whether the Veteran's disability condition could be evaluated under a different diagnostic code. The Board notes, however, that it is unclear whether the Veteran's reported voiding dysfunction and urinary frequency are due to his service-connected neoplasm of the kidney, status post left nephrectomy. The Board notes that a January 2016 VA examination and an August 2017 Kidney Conditions Disability Benefits Questionnaire do not report symptoms of voiding dysfunction and urinary frequency due to the Veteran's service-connected kidney condition. The Veteran, however, reported symptoms of urinary frequency during his January 2020 Board hearing and he competent to report such symptoms; as such, the Board finds that a medical opinion should be obtained to determine if any symptoms of voiding dysfunction and urinary frequency present during the appeal period are due to the Veteran's service-connected kidney condition prior to adjudication of the Veteran's claim for a higher rating. 2. Entitlement to a compensable rating for service-connected bronchoalveolar carcinoma, status post right lower lobectomy is remanded. Review of the claims file reveals that the Veteran's most recent VA examination for his service-connected bronchoalveolar carcinoma took place in January 2016. The Court, in the August 2021 Joint Motion, remanded the issue of entitlement to a compensable rating for bronchoalveolar carcinoma, status post right lower lobectomy to the Board to address and analyze the Veteran's reports of reduced energy due to his service-connected bronchoalveolar carcinoma during his January 2020 Board hearing. The Board finds that remand for a VA examination to address the current severity of the Veteran's condition is warranted. The matters are REMANDED for the following action: 1. Undertake appropriate efforts to schedule the Veteran for an appropriate examination to determine the current severity of his service-connected neoplasm of the kidney, status post left nephrectomy. The claims file must be reviewed in conjunction with the examination. All indicated tests and studies should be performed and the results reported in detail. The examiner is asked to discuss whether the Veteran suffers from symptoms of urinary frequency or voiding dysfunction, and if so, whether these symptoms are at least as likely as not due to his service-connected neoplasm of the kidney, status post left nephrectomy. 2. Undertake appropriate efforts to schedule the Veteran for an appropriate examination to determine the current severity of his service-connected bronchoalveolar carcinoma, status post right lower lobectomy. The claims file must be reviewed in conjunction with the examination. All indicated tests and studies should be performed and the results reported in detail. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.M. Johnson, 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.