Citation Nr: 21025686
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 17-20 111
DATE: April 28, 2021

REMANDED

Entitlement to service connection for benign prostatic hypertrophy (BPH), claimed as prostatitis, and prostatectomy residuals is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1973 to September 2003.

This case comes to the Department of Veterans Affairs (VA) Board of Veterans’ Appeals (Board) on appeal from an Agency of Original Jurisdiction (AOJ) rating decision dated in October 2012.

The Veteran testified at a Board hearing in May 2019. A copy of the transcript has been associated with the record.

This case has been remanded several times by the Board, most recently, in January 2021. Unfortunately, for the reasons described below, the case still is not ready for adjudication, and another remand is necessary in order to afford the Veteran’s claim every consideration.

1. Entitlement to service connection for benign prostatic hypertrophy (BPH), claimed as prostatitis, and prostatectomy residuals is remanded.

The Board has remanded the case several times so that a VA medical opinion could be provided that addresses all of the Veteran’s contentions. The most recent medical opinion provided in January 2021 addressed almost all of questions asked in the previous remand directives. The only remaining issues are whether the Veteran’s BPH, claimed as prostatitis and prostatectomy residuals, are caused, or aggravated by his service-connected diabetes mellitus and/ or coronary artery disease. The only part of the January 2021 opinion that addressed secondary service connection stated, “Condition not caused by service or SC conditions.” There was no rationale offered for why there is no causative relationship between BPH, prostatitis, and prostatectomy residuals and diabetes mellitus and coronary artery disease. The issue of whether BPH, prostatitis, and prostatectomy residuals was aggravated by diabetes mellitus and coronary artery disease also was not addressed. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s prostate disability, to include residuals of prostatectomy, is at least as likely as not proximately due to service-connected diabetes mellitus and/ or coronary artery disease; or alternatively, whether the Veteran’s prostate disability, to include residuals of prostatectomy, was aggravated beyond its natural progression by service-connected diabetes mellitus and/ or coronary artery disease.

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A rationale for the opinions must be provided. If the clinician cannot provide a requested opinion without resorting to speculation, it must be so stated, and the clinician must provide the reasons why.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Sarah B. Richmond, 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.