Citation Nr: A21018708
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 200521-86925
DATE: November 23, 2021

REMANDED

Entitlement to a compensable rating for prostatic epididymitis residuals is remanded.  

REASONS FOR REMAND

The Veteran had active service from June 1976 to June 1980.  

In May 2020, the Agency of Original Jurisdiction denied a compensable rating for prostatic epididymitis residuals.  In his May 2020 Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, the Veteran elected the Direct Review docket.  Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the Agency of Original Jurisdiction decision on appeal.  38 C.F.R. § 20.301.  

Entitlement to a compensable rating for prostatic epididymitis residuals is remanded.  

The Department of Veterans Affairs (VA) should obtain all relevant private treatment records which could potentially be helpful in resolving the Veteran's claim.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).  

Clinical documentation from WellStar Medical Group Urology dated in February 2019 indicates that the Veteran was scheduled to undergo a transurethral resection of the prostate performed by a Dr. Watson.  Clinical documentation associated with that procedure, if conducted, was not requested from either Dr. Watson or the WellStar Medical Group Urology.  That is a pre decisional error.   

The matters are REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for both Dr. Watson and the WellStar Medical Group Urology.  Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	 A. Smith, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.