Citation Nr: 21075622 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 19-22 327A DATE: December 21, 2021 ORDER Entitlement to service connection for nephrolithiasis with microscopic hematuria to include as secondary to service-connected epididymitis with testicular atrophy and infertility is granted. Entitlement to service connection for chronic prostatitis, also claimed as benign prostatic hypertrophy, enlarged prostate (BPH) to include as secondary to eservice-connected epididymitis with testicular atrophy and infertility, is granted. FINDINGS OF FACT 1. The Veteran's nephrolithiasis is caused by his service-connected epididymitis with testicular atrophy and infertility. 2. The Veteran's chronic prostatitis is caused by his service-connected epididymitis with testicular atrophy and infertility. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection nephrolithiasis disability have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.310. 2. The criteria for entitlement to service connection chronic prostatitis disability have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1991 to October 1992. The issues are before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that private treatment records dated in April 2018 indicate that the Veteran was hospitalized in March 2018 at Baylor Surgicare in Mansfield, Texas, for a genitourinary disorder. While these outstanding records would ordinarily necessitate a remand, it is not necessary because the benefit is being granted in full. 1. Entitlement to service connection for nephrolithiasis is granted. 2. Entitlement to service connection for chronic prostatitis is granted. Service connection may be established on a secondary basis for a disability proximately due to or the result of a service-connected disease or injury. When service connection is established for a secondary condition, the secondary condition shall be considered a part of the original condition. 38 C.F.R. § 3.310 (a). The Veteran has been diagnosed with nephrolithiasis and BPH. Wallin v. West, 11 Vet. App. 509, 512 (1998). The Veteran is service connected for epididymitis with testicular atrophy and infertility, therefore, satisfying the second element of a secondary service connection claim. Id. The Veteran's private treatment notes show complaint and treatment for hematuria and BPH and medication, therefor, during the appeal period. In March 2018, the Veteran was afforded VA examinations, including Male Reproductive System Conditions and Kidney Conditions (Nephrology) Disability Benefits Questionnaire (DBQs) addressing the nephrolithiasis and chronic prostatitis disorders and finding a relationship to the veteran's service-connected epididymitis with testicular atrophy and infertility. In addendum opinions of May 2018, the examiner modified the opinions and noted the nephrolithiasis disorder and BPH were not proximately due to his service-connected epididymitis with testicular atrophy and infertility. The examiner did not address whether the disorders were aggravated by the service-connected epididymitis with testicular atrophy and infertility. Atencio v. O'Rourke, 30 Vet. App. 74, 90 (2018). Thus, the Board finds the examinations incomplete. Of record is an October 2015 opinion from Dr. W. D. H., D.O., with a Urology Specialty, at DFW Urology Consultants. Dr. W. D. H. reported that the Veteran had been his patient since July 2004. He had been treated for urological conditions throughout the years, including nephrolithiasis and chronic prostatitis that "developed secondary" to his epididymectomy. (Treatment records as recent as April 2018 indicate that the Veteran is still being treated by Dr. W. H.) (Continued on the next page) As there is no competent medical evidence of record that contradicts the findings of Dr. W. D. H., the Board finds that the nexus element of a secondary service connection claim is satisfied. Wallin, 11 Vet. App. at 512. Accordingly, affording the Veteran the benefit of the doubt, the third element of a secondary service connection claim is satisfied. Dr. W. D. H.'s statement that the conditions "developed" secondary to the epididymectomy supports a finding that the claim should be granted on a secondary causation basis. Service connection for nephrolithiasis and chronic prostatitis is herein granted. 38 C.F.R. § 3.102; Wallin, 11 Vet. App. at 512; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Stevens, 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.