Citation Nr: 21072052 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 20-02 952 DATE: December 2, 2021 REMANDED Entitlement to service connection for incontinence, to include as secondary to prostate cancer is remanded. Entitlement to an evaluation in excess of 30 percent for major depressive disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from January 10, 1966 to July 31, 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Although the Board sincerely regrets the additional delay, a remand is again necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Board also notes that the Veteran has been in receipt of total disability due to individual unemployability, which is equivalent to a 100 percent disability rating, effective March 24, 2009. 1. Entitlement to service connection for incontinence, to include as secondary to prostate cancer is remanded. In his December 2019 Appeal to the Board, the Veteran contended that he is entitled to service connection for incontinence because he is unable to hold stool and experiences weekly soilage. The Veteran was afforded a VA examination in December 2018 with an addendum opinion in April 2019. The examiner concluded the Veteran did not have a current condition of incontinence based on his own report that his condition is "all gone now." The examiner further noted there was no pathology to render a diagnosis. A review of the Veteran's VA medical records indicate that he experienced chronic intermittent loose stools during the appeal period. As it is unclear from the record whether the Veteran has a current disability of incontinence or other bowel problem, the Board finds that a remand is necessary for a new examination regarding the Veteran's bowel problems. 2. Entitlement to an evaluation in excess of 30 percent for major depressive disorder is remanded. In his December 2019 Appeal to the Board, the Veteran contended that his major depressive disorder had worsened based on symptoms of impaired impulse control (described as quickness to snap at grandchildren and anger at constructive criticism), difficulty or inability in establishing and maintaining effective relationships (described as inability to engage in social interaction outside of VA settings(, and a near continuous depression (described as a constant state of unhappiness). Thus, in light of such allegations, the Board finds that the Veteran should be afforded a new VA examination. See 38 C.F.R. §§ 3.326, 3.327; Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The matters are REMANDED for the following action: 1. the Veteran for a VA examination for his claimed incontinence or other bowel disorder. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Does the Veteran have a current disability of incontinence or other bowel disorder? If so, is the Veteran's incontinence or bowel condition at least as likely as not proximately due to his service-connected prostate cancer? 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected major depressive disorder. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms including those alleged in the Veteran's December 2019 statement. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to major depressive disorder alone. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Taylor, Matthew David 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.