Citation Nr: 21028908 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 16-27 890 DATE: May 12, 2021 REMANDED Entitlement to service connection for residuals of a urethra tumor, to include as due to service in Southwest Asia, is remanded. REASONS FOR REMAND The Veteran had active duty service from November 1988 to March 1989, from May 1990 to May 1993, and from August 1997 to June 1999. As an initial matter, the Board notes that the Veteran submitted a March 2021 request that the claim be advanced on the docket based on financial hardships. Appeals must be considered in docket number order, but may be advanced if sufficient cause is shown. 38 U.S.C. § 7107(b); 38 C.F.R. §§ 20.800(c), 20.902(c). Sufficient cause includes advanced age (defined as 75 years or more), serious illness, severe financial hardship, or administrative error resulting in a significant delay. An appeal may also be advanced if the case involves interpretation of a question of law of widespread application affecting other claims, although this is extremely rare. Any motion for advancement should be supported by pertinent documentation. In this case, the evidence indicates that the Veteran is under 75 years of age and there is insufficient medical evidence to demonstrate an illness so serious or grave in nature that advancement is warranted. Moreover, there was no evidence submitted that demonstrates severe financial hardship such as a pending bankruptcy, home foreclosure, or homelessness. General financial difficulties alone are insufficient. Finally, there is no evidence of administrative error resulting in a significant delay or misinterpretation of a question of law. In the absence of sufficient evidence, the motion is denied. This matter was previously before the Board in October 2018 and May 2020 and was remanded for further development in both instances. Unfortunately, an additional remand is warranted before the Board can properly adjudicate the claim. Entitlement to service connection for residuals of a urethra tumor is remanded. The Veteran contends service connection is warranted for residuals of a tumor he had removed from his urethra. In his September 2012 claim, he contended that he contracted a parasite while in service in the Gulf War and that the parasite grew into a tumor. He reiterated the same in his June 2016 substantive appeal and further contended the tumor may have been the result of being bitten by a sand fly in the Persian Gulf. The Veteran also included medical literature to support his claim. Pursuant to the Board's remand, a new VA medical opinion was obtained in May 2020 to determine the etiology of the Veteran's urethra disorder. Although the examiner found a negative nexus, the examiner relied on the Veteran not having active duty service in 1995 at the time his tumor was removed. Treatment records confirm that the Veteran had a urethra tumor removed in May 1995. In his May 2020 urinary tract examination, the Veteran reported serving in the Arkansas Army Reserve from 1993 to 1996. Notably, the records evidencing the Veteran's 1995 tumor removal appear to be service treatment records, and military personnel records show the Veteran was in the inactive reserve from May 1993 to August 1997. However, this period of service has not been confirmed. The Board notes that the Veteran may be service connected for a disorder if it is shown that the disorder had its onset or was aggravated during a period of active duty for training (ACDUTRA), or is related to an injury incurred during a period of inactive duty for training (INACDUTRA). Therefore, remand is warranted to verify the Veteran's periods of service and to obtain a new medical opinion. The matter is REMANDED for the following actions: 1. Contact the appropriate entity to verify the Veteran's period of service from 1993 to 1996. All records and/or responses received should be associated with the claims file. Reserve retirement point sheets are not adequate for this purpose; rather, the specific dates of the Veteran's ACDUTRA, IDT, or active duty for special work service are required. If this information or documentation is unavailable this fact should be documented and a formal finding of unavailability should be made with notice to the Veteran and his representative and they should be given an opportunity to respond. 2. Obtain any outstanding VA treatment records and associate them with the claims folder. 3. Obtain a medical opinion from a qualified clinician to determine the etiology of the Veteran's urethra disorder. Afford the Veteran a VA examination only if deemed necessary by the examiner. The Veteran's claims file must be provided to the examiner for review including the Veteran's service periods. All appropriate testing should be performed as necessary. After review of the record and examination, the examiner must do the following: Provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's current urethra disorder was incurred in service or is otherwise related to any injury, disease, or event incurred in service, to include service in Southwest Asia; OR that the disability was caused or aggravated during a period of ACDUTRA or INACDUTRA. The examiner must consider all lay statements of record and the medical literature submitted by the Veteran in June 2016. The examiner is asked to provide a complete rationale for any opinion offered, including discussion of the facts of this case and any medical studies or literature relied upon. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports are to be considered in formulating any opinion. If any opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner does not have the knowledge or training. As appropriate, the AOJ should conduct additional development or supplement the record. 4. Then, readjudicate the claim. S. Merrick Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Laffitte, 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.