Citation Nr: 21025822
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 20-14 573
DATE: April 29, 2021

REMANDED

Entitlement to service connection for prostate cancer, to include as due to exposure to contaminated water at Camp Lejeune is remanded.

REASONS FOR REMAND

The Veteran honorably served on active duty in the United States Marine Corps from August 1955 to August 1959, to include service at Camp Lejeune in North Carolina.    

This case comes before the Board of Veteran’s Appeals (Board) on appeal from an October 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In September 2020, the Board remanded the issue for further development.  

Entitlement to service connection for prostate cancer, to include as due to exposure to contaminated water at Camp Lejeune is remanded.

Previously, the Board remanded the Veteran’s claim in order to obtain an opinion regarding the possible relationship between the Veteran’s claimed prostate cancer and his conceded exposure to contaminated water during his service at Camp Lejeune, as that particular disability is not among those for which service connection is available on a presumptive basis.  See 38 C.F.R. § 3.309(f).

Both a September 2020 opinion and a February 2021 examination addressed the questions posed by the Board in its previous remand.

In its April 2021 informal hearing presentation, the Veteran’s representative contended that the Veteran’s claimed prostate cancer may have metastasized from the Veteran’s previous bladder cancer, a disease which is among those for which presumptive service connection is available.  A review of the Veteran’s medical history reflects that he had been previously diagnosed with both bladder and kidney cancers – both diseases that are presumptively related to exposure to contaminated water – and that he is service-connected for these disabilities.  While there is currently no evidence establishing a relationship between the Veteran’s claimed prostate cancer and either of his service-connected disabilities, this contention is plausible enough on its face as to warrant further consideration.  Accordingly, while the Board regrets the delay, a remand is warranted for a new medical opinion to address this issue. 

The matters are REMANDED for the following action:

1. Obtain a VA medical opinion to determine the nature and etiology of the Veteran’s prostate cancer.  If a medical opinion cannot be rendered without an examination, then a VA examination should be scheduled.  A copy of this remand and the claims file must be reviewed.  The VA examiner should consider the following:  

Is it at least as likely as not that the Veteran’s prostate cancer is caused by, proximately due to, and/or aggravated by his service-connected bladder and kidney cancers?  The VA examiner must specifically address the contention that the Veteran’s prostate cancer was metastasized from either his kidney or bladder cancers.

A complete rationale is required for all requested opinions.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Crawford, 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.