Citation Nr: 22005167 Decision Date: 02/01/22 Archive Date: 02/01/22 DOCKET NO. 16-24 570 DATE: February 1, 2022 REMANDED The claim of entitlement to service connection for enlarged prostate is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Air Force from August 1965 to January 1969. The instant matter is on appeal from an October 2013 rating decision. The Veteran passed away in January 2018, and his cause of death is listed as pneumonia due to congestive heart failure. His surviving spouse has been substituted as the Appellant in the present matter. In May 2019, the Board, in pertinent part, denied entitlement to service connection for an enlarged prostate. The Appellant appealed this determination to the Court of Appeals for Veterans Claims (Court). In a February 2021 Memorandum Decision, the Court vacated this denial as the Board did not address the in-service notation of dysuria from June 1968. The matter was returned to the Board, and, in September 2021, the Board remanded this issue in order to obtain an etiological opinion. 1. The claim of entitlement to service connection for enlarged prostate is remanded. The Board regrets the additional delay, but remand is again necessary in order to afford compliance with the Board's previous remand instructions. The Veteran's service treatment records reflect that he sought treatment in June 1968 for urethral discharge, and he was assessed with a probable sexually transmitted disease. Later that month, it was noted that the gram stain was non-specific, but the Veteran still experienced dysuria and discharge. Service treatment records do not reflect recurrence of dysuria after June 1968. In the September 2021 remand, the Board requested an etiological opinion on the issue of the Veteran's enlarged prostate, and the examiner "must consider the history of dysuria in June 1968." While an opinion was obtained in October 2021, the examiner did not address nor appear to consider the history of dysuria in June 1968, which was specifically required by the Board. In the Court's Memorandum Decision, the Court accepted the Secretary's concession regarding the Board's failure to address this one episode of dysuria during service, and thus vacated the previous denial on these grounds. Accordingly, remand is required to correct the previous omission in the October 2021 medical opinion and afford substantial compliance with prior remand directives. The matter is REMANDED for the following action: 1. Obtain an opinion from an appropriate clinician to address the nature and etiology of the Veteran's benign prostatic hyperplasia (BPH). Following complete review of the record, the clinician must state whether it is at least as likely as not that the BPH was incurred in service or is etiologically related to service. In providing the requested opinion, the examiner must address the history of dysuria in June 1968. The rationale for all opinions expressed must be provided. If the clinician is unable to provide any required opinion, the clinician should explain why. If the clinician cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. 2. After completing the indicated development, the Appellant's claim should be readjudicated based on the entirety of the evidence. If the benefit sought on appeal is not granted, the Appellant and her representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. Y. MACDONALD Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Fisher, 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.