Citation Nr: A21020060
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 211103-195473
DATE: December 15, 2021

REMANDED

Entitlement to service connection for urinary frequency as secondary to service-connected prostate cancer is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1965 to June 1968 and from July 1976 to February 1997, including service in the Republic of Vietnam.

This matter is on appeal to the Board of Veterans' Appeals (Board) from an April 2021 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the November 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran timely appealed the portion of the rating decision pertaining to the issue above and requested direct review of the evidence considered by the RO.  38 C.F.R. § 20.202.

The Board finds that the RO committed a pre-decisional duty to assist error.

In the April 2021 rating decision, the RO relied on the April 2021 VA examination that determined there was no evidence of urinary frequency issues in the record, thus the Veteran did not suffer from urinary frequency issues. The December 2019 and February 2021 VA examination both state that the Veteran suffers from urinary frequency and frequent waking for nighttime voiding.

The evidence demonstrates that the Veteran does suffer from urinary frequency issues, despite the April 2021 VA examiner stated there was no evidence of urinary frequency issues.  As there is evidence of urinary frequency issues, remand is necessary to determine if the Veteran's urinary frequency issues are caused by or related to his service-connected prostate cancer.  

Further, the Veteran's prostate cancer is rated under Diagnostic Code 7528, which contemplates urinary frequency as a symptom of prostate cancer.  See 38 C.F.R. § 4.115b, Diagnostic Code 7528.  Therefore, it must be determined as to whether the Veteran's urinary frequency is a symptom of his already service-connected prostate cancer, or a separate disability on its own.  

The matters are REMANDED for the following action:

Schedule the Veteran for a VA genitourinary examination.  The clinician must review the Veteran's claims file and provide the following opinions:

Does the Veteran have a disorder manifested by urinary frequency that is separate and apart from his service-connected prostate cancer, or is his urinary frequency a symptom of his prostate cancer?

If, and only if, the Veteran has a disorder manifested by urinary frequency that is separate and apart from his service-connected prostate cancer, is it at least as likely as not that this disorder is/was caused or aggravated by his service-connected prostate cancer?

(Continued on the next page)

 

A rationale for all opinions offered is requested as adjudicators are precluded from making any medical findings.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Hofmeister

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.