Citation Nr: 21071769
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 18-55 059
DATE: December 1, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for nephrolithiasis is remanded.

REASONS FOR REMAND

The Veteran served active duty in the United States Marine Corps from August 1960 to August 1964.

In March 2020, the Veteran testified before the undersigned Veterans Law Judge at a Video Conference hearing.  A copy of the transcript has been associated with the claims file.

In May 2020, the Board issued a decision which denied the claim on appeal.  The Veteran filed a timely appeal to the Court of Appeals for Veterans' Claims (Court).  In a March 2021 Joint Motion for Partial Remand, the parties agreed to remand the appeal to the Board for further development.

1. A rating in excess of 30 percent for nephrolithiasis is remanded.

The Veteran contends that his nephrolithiasis is such that a noninitial rating in excess of 30 percent is warranted.

At a March 2020 Board hearing, the Veteran reported current voiding dysfunction and incontinence due to his nephrolithiasis.  He reported that he must wear diapers and avoid calcium products.

A June 2016 VA examination for prostate cancer did not note a voiding dysfunction; however, as the Veteran has described worsened symptomatology and the criteria for rating nephrolithiasis includes consideration of a separate rating for voiding dysfunction, a remand for a new examination is necessary. 

The matters are REMANDED for the following action:

Schedule the Veteran with an appropriate examiner to determine the severity of the service-connected nephrolithiasis.  The examiner should provide information as to whether the disability causes voiding dysfunction and incontinence described in the March 2020 Board hearing and, if so, the examiner should provide the appropriate evaluation to determine the severity of such dysfunction.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ford

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.