Citation Nr: 21025834 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 17-38 719 DATE: April 29, 2021 REMANDED Service connection for a prostate condition is remanded. Service connection for colon problems and diverticulitis is remanded. An initial rating in excess of 20 percent for diabetes mellitus type II is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1963 to January 1967. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO). In March 2016, the Veteran submitted a Notice of Disagreement with the March 2015 rating decision. In February 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ) via videoconference. A copy of the hearing transcript is of record and has been reviewed. 1. Service connection for a prostate condition is remanded. 2. Service connection for colon problems and diverticulitis is remanded. As there is considerable overlap in the applicable evidence for the Veteran’s claims, the Board will discuss them together. The Board notes that in the May 2017 Statement of the Case, the RO conceded that the Veteran was exposed to herbicides while serving in the Republic of Vietnam. In his February 2021 hearing, the Veteran testified that his stomach and diverticulitis problems began while in service and have worsened since then. Because of his colon and diverticulitis, the Veteran also started having problems with his prostate. He stated that after service, he was treated for his prostate because it was “extremely too large.” The Veteran testified that his prostate was growing into his bladder. He had two transurethral resection of the prostate (TURP) surgeries. The Veteran testified that his doctor told him that these problems could be caused by herbicide exposure. The Board notes that the Veteran has never had a VA examination to determine the cause of his prostate condition, colon problems, and diverticulitis. Because of this, a VA examination is necessary to determine whether the Veteran’s disabilities are related to active service, to include as due to herbicide exposure. 3. An initial rating in excess of 20 percent for diabetes mellitus type II is remanded. In his February 2021 hearing, the Veteran testified that his diabetes mellitus had worsened. He stated that he experienced light headedness, fainting, and constantly having to eat four or five times a day to keep his “levels” correct. The Veteran testified that he took medication for his diabetes and that occasionally he would experience numbness in his hands. The Board notes that the last time the Veteran had a VA examination to evaluate his diabetes mellitus type II was in March 2015. Because of this, a new VA examination is necessary to determine the current nature, extent, and severity of his service-connected diabetes. The matters are REMANDED for the following actions: 1. Please note that, by law, ALL remanded claims must be processed expeditiously. 2. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), contact the Veteran for additional information about treatment for his condition and make efforts to obtain all VA and private treatment records concerning these claims. 3. Schedule the Veteran for VA examinations to determine the nature and cause of any diagnosed prostate condition, colon problems, and diverticulitis. Prior to the examinations, the claims folder and a copy of this remand must be made available to the examiner for review of the case. A notation to the effect that this record review took place should be included in the report. For any diagnosed disability, the examiner must opine as to whether it is at least as likely as not (a 50 percent probability or greater) that any diagnosed prostate or colon condition, as well as diverticulitis, are causally related to active service, to include the conceded herbicide exposure, or represents the initial manifestations of the Veteran’s current diagnoses. 4. Schedule the Veteran for a VA examination to assist in determining the nature, extent, and severity of his diabetes mellitus type II. The Veteran’s claims folder must be made available to the examiner. All indicated tests and studies must be performed in accordance with the pertinent Disability Benefits Questionnaires for this disability, and all findings should be set forth in detail. The examiner should identify all complications and symptoms attributable to the Veteran’s service-connected diabetes mellitus type II in accordance with the rating criteria. In evaluating the Veteran, the examiner should consider his February 2021 testimony of diabetes symptoms including light headedness, fainting, and constantly having to eat four or five times a day to keep his “levels” correct. Additionally, the Veteran takes medication for his diabetes and occasionally experiences numbness in his hands. 5. A detailed explanation (rationale) is requested for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Abrams, 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.