Citation Nr: 21031257 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 20-07 745 DATE: May 21, 2021 REMANDED Entitlement to service connection for irritable bowel syndrome, to include diarrhea and/or constipation, is remanded. Entitlement to a rating in excess of 40 percent for residuals of prostate cancer is remanded. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1965 to July 1969. These matters arose to the Board of Veterans' Appeals (Board) from November and December 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran received a hearing with the undersigned Veterans Law Judge (VLJ) in May 2021. During the hearing, the VLJ found the Veteran's appeal met the criteria for VA's "one-touch" initiative. To provide a response to the Veteran's appeal immediately after his hearing, a transcript of the hearing will be associated with the claims file at a later time. 1. Entitlement to service connection for irritable bowel syndrome, to include diarrhea and/or constipation, is remanded. In November 2018, the Veteran submitted a NOD in response to a December 2017 rating decision denying the Veteran's claim for entitlement to service connection for irritable bowel syndrome. To date, VA has not sent the Veteran a responsive SOC in this appeal. As such, a remand is in order for VA to issue an SOC to the Veteran. See Manlincon v. West, 12 Vet. App. 238 (1998). 2. Entitlement to a rating in excess of 40 percent for residuals of prostate cancer is remanded. The Veteran contends he is entitled to a rating in excess of 40 percent for residuals of prostate cancer. At the Veteran's May 2021 hearing, he stated that he suffered from fecal incontinence two to three times a week, as a residual side effect of the radiation therapy he received for his prostate cancer treatment. He also described urinary incontinence that could potentially meet the criteria for a higher rating under the relevant criteria. Accordingly, an additional examination is necessary to determine if the Veteran's fecal incontinence is related to his radiation therapy and to determine if it should be rated as part and parcel of his residuals of prostate cancer. 3. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. The Veteran contends he is entitled to a compensable rating for his bilateral hearing loss. At his May 2021 hearing, he testified he has to listen to his television at such a volume other people in his building complain. At work, he is unable to hear the announcements over the PA system, and he is unable to hear what others are saying to him unless he can see them. At his hearing, he stated that he last had his hearing tested at the VA approximately a year ago, but those records are not in the file. Accordingly, an additional examination is necessary to provide an up-to-date assessment of the Veteran's hearing levels. Outstanding VA records must also be obtained (the most recent records date from December 2019). The matters are REMANDED for the following action: 1. Issue the Veteran an SOC, to include notification of the need to timely file a Substantive Appeal, regarding the issues of entitlement to service connection for irritable bowel syndrome, to include diarrhea and/or constipation. This issue shall not be returned to the Board unless a sufficient substantive appeal is submitted. 2. Obtain and associate with the record all outstanding VA medical records pertaining to the Veteran. 3. Schedule the Veteran for an examination to determine the nature and severity of his residuals of prostate cancer. (a) Identify and describe all symptoms and manifestations attributable to the service-connected residuals of prostate cancer. All necessary diagnostic testing and evaluation should be performed. (b) Inquire whether there are periods of fecal incontinence and determine whether those periods could be related to the Veteran's radiation therapy. (c) The examiner should discuss the Veteran's contentions regarding symptoms related to this disability at his Board hearing. 4. Schedule the Veteran for an examination to determine the nature and severity of his bilateral hearing loss. (a) Identify and describe all symptoms and manifestations attributable to the service-connected bilateral hearing loss. All necessary diagnostic testing and evaluation should be performed. (b) Discuss the Veteran's contentions (including his testimony at his Board hearing) that he has to listen to the television so loudly as to receive complaints from other tenants in his building; he is unable to hear announcements over the PA system at work, and he cannot speak with other individuals unless he can see their lips while they speak. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Ryan, 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.