Citation Nr: 21029302 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 19-15 371 DATE: May 13, 2021 ORDER A rating in excess of 40 percent for prostate cancer residuals is denied. FINDING OF FACT The Veteran's prostate cancer residuals result in voiding dysfunction requiring wearing of absorbent materials which must be changed 2 to 4 times a day, urinary frequency exhibited by daytime voiding interval less than 1 hour, and nighttime awakening to void 3 to 4 times. CONCLUSION OF LAW The criteria for a rating in excess of 40 percent for prostate cancer residuals have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.10, 4.21, 4.115a, 4.115b, Diagnostic Code (DC) 7528. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Army from August 1966 to May 1968. The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in July 2020. This matter was previously remanded by the Board in a July 2020 decision for further development. In the July 2020 BVA decision, the Board granted an increased rating for Veteran's prostate cancer residuals to an evaluation of 40 percent. The Board noted the Veteran failed to report to the VA examination schedule in March 2019. At the July 2020 Board hearing, the Veteran testified he was willing to report for a new VA examination. As the examination reports of record were found to be insufficient to adjudicate the claim, the matter was remanded to afford the Veteran another VA examination to determine the current nature and severity of his prostate cancer. A rating in excess of 40 percent for prostate cancer residuals The Veteran seeks a higher rating for his residuals of prostate cancer. His prostate cancer residuals have been rated under 38 C.F.R. § 4.115b, DC 7528, at 100 percent from August 8, 2013, 10 percent from August 1, 2016, 20 percent from November 9, 2016, and 40 percent from July 22, 2020. Under DC 7528, following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, a rating of 100 percent shall continue with a mandatory VA examination at the expiration of 6 months. If there has been no local reoccurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant. 38 C.F.R. § 4.115b, DC 7528. Here, the Veteran has contended he has voiding and urinary problems, but there is no evidence of renal dysfunction. Thus, his prostate cancer residuals will be evaluated as voiding dysfunction. Voiding dysfunctions are evaluated according to urine leakage, frequency, or obstructed voiding. 38 C.F.R. § 4.115a. The Board reflects that the highest evaluation for obstructed voiding is a 30 percent evaluation; likewise, the highest evaluation for urinary frequency dysfunction is a 40 percent evaluation. As the Veteran already has an evaluation either in excess of or the maximum available evaluation for either of those types of voiding dysfunction the criteria for those voiding dysfunctions are not applicable in this case. The Board will no longer discuss those criteria in this decision. Continual urine leakage, post-surgical urinary diversion, urinary incontinence, or stress incontinence which requires the wearing of absorbent material which must be changed less than two times per day is evaluated as 20 percent disabling. The wearing of absorbent material which must be changed two to four times per day is evaluated as 40 percent disabling. A maximum 60 percent rating is warranted for requiring the use of an appliance or the wearing of absorbent materials which must be changed more than four times per day. Id. For the following reasons, the Board finds that a rating higher than 40 percent for prostate cancer residuals is not warranted. The Veteran was afforded a VA examination post-remand in March 2021. The March 2021 VA examination report indicates that the Veteran exhibited a voiding dysfunction that required absorbent material which must be changed 2 to 4 times a day but does not require the use of an appliance. Voiding dysfunction caused increased urinary frequency, with daytime voiding intervals less than 1 hour and nighttime awakening to void 3 to 4 times. The VA examiner noted several other functional impairments with regards to the Veteran's ability to work, including the constant need to get up and urinate, dependency on spouse to assist him with daily living activities, voiding and cleaning as these activities are now difficult or him to do alone. In this case, the evidence of record does not demonstrate that the Veteran exhibited symptoms of urine leakage requiring the use of an appliance or the wearing of absorbent materials that must be changed more than 4 times a day. Accordingly, an increased rating higher than 40 percent for prostate cancer residuals is not warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Zarar Ahmed, Attorney Advisor 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.