Citation Nr: 21029246
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 17-20 324
DATE: May 13, 2021

REMANDED

Service connection for prostate cancer.

REASONS FOR REMAND

In November 2019, the Board of Veterans' Appeals (Board) denied the Veteran's claim. He appealed the denial to the Veterans Claims Court. In November 2020, the Court Clerk granted a Joint Motion for Remand (JMR), which vacated the Board's decision and remanded the matter the Board for action in compliance with the motion.

Pursuant to the directives in the JMR, a remand is required in order to undertake all appropriate development action to obtain the Veteran's private treatment records from Dr. S. and Dr. G. Further, on remand an addendum medical opinion should be obtained regarding the Veteran's contention that prostate cancer is secondary to service-connected non-Hodgkin's lymphoma. 

The matter is REMANDED for the following actions:

1. Contact the Veteran and request that he complete and return a VA Form 21-4142, Authorization and Consent to Release Information, for the private treatment and all medical records for prostate cancer from Dr. S. and Dr. G.

2. If the Veteran completes and returns the VA Form 21-4142, Authorization and Consent to Release Information, contact the appropriate medical care provider(s) and request copies for association with the electronic claims file of any and all records of treatment that he received from the medical care provider(s), to include surgical reports, hospital reports, and treatment reports.

3. Any documents received by VA pursuant to the request for private treatment records should be associated with the record. 

At least two requests for the private records should be made, unless it is made evident by the first request that a second request would be futile in obtaining such records.

4. Any negative responses should be properly documented in the record. Notify the Veteran and the representative if the private treatment records are unavailable.

5. Then, direct the claims file to a clinician in order to provide an addendum medical opinion regarding the etiology of the Veteran's prostate cancer.

The clinician is asked to review the claims file and provide an opinion as to the following:

	whether it is at least as likely as not (50 percent or greater probability) that the Veteran's prostate cancer was caused or aggravated by the service-connected non-Hodgkin's lymphoma.

A complete rationale must be provided for any opinion given.

6. If the clinician determines that an examination is necessary in order to provide the requested opinions, then one should be scheduled.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Redman, 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.