Citation Nr: 22012802
Decision Date: 03/07/22	Archive Date: 03/07/22

DOCKET NO. 18-36 009
DATE: March 7, 2022

REMANDED

Entitlement to initial compensable evaluation for prostate cancer residuals is remanded.

Entitlement to an initial compensable evaluation for erectile dysfunction associated with prostate cancer is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1963 to September 1966.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 decision.  The Veteran presented testimony before the Board in February 2020.  

In November 2020, the Board denied the claims for initial compensable evaluations for prostate cancer residuals and erectile dysfunction.  The Veteran appealed the denials to the United States Court of Appeals for Veterans Claims (CAVC).  In an October 2021 Order, CAVC vacated the Board's November 2020 decision and remanded the matter to the Board for action consistent with the Joint Motion for Remand (JMR).  

The parties agreed in the JMR that VA did not substantially comply with the terms of the February 2020 Board remand instructions.  Notably, the Veteran submitted a medical release form identifying private treatment records for the claimed conditions from January 2008 to March 2020; however, only records from 2018 to 2020 were obtained.  Thus, the CAVC determined that vacatur and remand was required to obtain the outstanding private records and readjudicate the claims.  The parties also agreed that the Board should obtain a new VA examination to address the Veteran's lay statements regarding voiding dysfunction.  

The matters are REMANDED for the following action:

1. Ask the Veteran to complete an updated VA Form 21-4142 for Katy Internal Medicine Drs. Tan, Solis, and Kalapatapu, if necessary, for treatment records dated between January 2008 and the present.  Make two requests for the authorized records from the identified provider unless it is clear after the first request that a second request would be futile.

2. Thereafter, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of prostate cancer residuals.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  The examiner must specifically address the Veteran's statements regarding voiding dysfunction, to include reports of frequent urination as reported during the 2020 Board hearing.  

3. If upon completion of the above action the issues 

 

remain denied, the matter should be returned to the Board after compliance with appellate procedures. 

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, 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.