Citation Nr: 21015673 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 19-29 297 DATE: March 18, 2021 REMANDED Entitlement to service connection for bladder cancer, to include as due to herbicide exposure and/or service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1965 to August 1985, to include service in the Republic of Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) from an April 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). A virtual hearing was held in this matter in February 2021 before the undersigned Veterans Law Judge (VLJ), a transcript of which has been associated with the record. Entitlement to service connection for bladder cancer, to include as due to herbicide exposure and/or service-connected disabilities, is remanded. At the outset, it must be noted that bladder cancer is not subject to presumptive service connection on the basis of Agent Orange exposure. However, the U.S. Court of Appeals for the Federal Circuit has held that when a claimed disorder is not included as a presumptive disorder, direct service connection may nevertheless be established by evidence demonstrating that the disease was in fact “incurred” during the service. See Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994). The Veteran received a VA examination regarding the nature and etiology of his claimed bladder cancer in March 2017. The examiner opined that the Veteran’s bladder cancer was less likely than not proximately due to or the result of his service-connected prostate cancer. The examiner, however, did not provide an opinion regarding whether the Veteran’s bladder cancer is etiologically related to in-service herbicide exposure. Accordingly, the Board finds that remand is warranted to obtain a new medical opinion. The matter is REMANDED for the following action: Obtain a VA examination and medical opinion from an examiner with sufficient expertise to address the etiology of the Veteran’s bladder cancer. All pertinent evidence of record must be made available to and reviewed by the examiner. In this regard, the examiner must state whether any degree of the Veteran’s bladder cancer at least as likely as not (a 50 percent probability or greater) originated during his period of active service or is otherwise etiologically related to his active service, to specifically include as secondary to his service-connected disabilities or as a result of his exposure to herbicide agents therein. (Continued on next page) If the examiner is unable to provide any required opinion, he or she should explain why. If an examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Gorum, Associate 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.