Citation Nr: 21010365 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 18-20 674 DATE: February 24, 2021 REMANDED Entitlement to an increased rating in excess of 10 percent for right hip limitation of flexion is remanded. Entitlement to service connection for prostate cancer is remanded. Entitlement to service connection for erectile dysfunction is remanded. REASONS FOR REMAND The Veteran had active air service from November 1972 to September 1975. This matter comes before the Board of Veterans Appeals (Board) on appeal from December 2016 and February 2017rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board. In a June 2019 decision, the Board denied the claims identified above. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Order, the Court granted a Joint Motion of the parties, vacated the Board’s decision regarding the issues identified above, and remanded the case to the Board for action consistent with the Joint Motion. In the Joint Motion, it was determined that the November 2016 VA examination relied upon to deny the Veteran’s claim of entitlement to a rating in excess of 10 percent for right hip limitation of flexion was inadequate as it did not adequately discuss additional limitations following repeated use over a period of time and during a flare-up. See Sharp v. Shulkin, 29 Vet. App. 26, 34 (2017). Accordingly, the Veteran should be afforded a new VA examination to determine the current level of severity of the Veteran’s right hip limitation of flexion. Additionally, in the Joint Motion, it was determined that adequate medical opinions regarding the nature and etiology of the Veteran’s prostate cancer and erectile dysfunction were not obtained before a decision was made regarding those issues. Accordingly, a new VA examination must be obtained to determine the nature and etiology of the Veteran’s prostate cancer and erectile dysfunction. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for an appropriate examination to determine the current level of severity of all impairment resulting from his service-connected right hip limitation of flexion. All indicated tests and studies must be performed, and all findings should be reported in detail. The examiner should provide all information required for rating purposes, to specifically include a full description of the functional impact of the service-connected disability on the Veteran’s ordinary activity. Further, the examiner must report relevant findings regarding functional limitation following repeated use over a period time, and during a flare-up. 3. Then, schedule the Veteran for an examination to determine the nature and etiology of the Veteran’s prostate cancer and erectile dysfunction. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. Based on the examination results and review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that the Veteran’s prostate cancer and/or erectile dysfunction is etiologically related to the Veteran’s active service. A complete and detailed rationale must be provided for all opinions expressed. 4. Confirm that all VA examination reports and medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 5. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ivan Franklin 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.