Citation Nr: 22018546 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 14-01 490 DATE: March 29, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include as a secondary complication of service-connected prostate cancer residuals, is remanded. REASONS FOR REMAND The Veteran served honorably on active duty in the U.S. Marine Corps from April 1966 to April 1968, with service in the Republic of Vietnam during the Vietnam War. This matter initially came to the Board of Veterans' Appeals (Board) on appeal from a January 2012 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Veteran testified at a Board hearing before the undersigned Veterans Law Judge in January 2018. January 2019 and October 2020 Board decisions referred the issue of entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected prostate cancer residuals. The Veteran appealed that portion of the Board's decision to the United States Court of Appeals for Veterans Claims (court). In a June 2021 Order, the Court granted the parties Joint Motion for Remand (JMR) and returned the case to the Board for action consistent with the JMR. In a May 2021 decision, the AOJ granted entitlement to a total disability rating based on individual unemployability due to service-connected disability for the entire period on appeal. That issue is no longer in appellate status as it has been fully granted. In a July 2021 decision, the Board denied entitlement to an evaluation higher than 60 percent for prostate cancer residuals under Diagnostic Code 7528. The Veteran did not appeal that issue to the Court, and it is also no longer in appellate status. 1. Entitlement to a service connection for an acquired psychiatric disorder, to include as a secondary complication of service-connected prostate cancer residuals, is remanded. The record indicates that the Veteran may have a psychiatric disability that is a complication of his prostate cancer residuals. Therefore, the issue of entitlement to service-connection for an acquired psychiatric disorder, to include as a secondary complication of service-connected prostate cancer residuals, is properly before the Board. See Bailey v. Wilkie, 33 Vet. App. 188 (2021) (explaining that when entitlement to secondary service connection is raised in connection with a claim for an increased rating, a formal claim for secondary service connection need not be filed, and VA must consider those "complications" in connection with the claim on appeal). On remand, the AOJ must provide the Veteran with notice of what the evidence must demonstrate to substantiate a claim for service connection on a secondary basis, develop the claims, and consider entitlement to service connection for an acquired psychiatric disorder in the first instance. Remand is also required to secure a VA examination and opinion. VA's duty to assist includes providing a medical examination when is necessary to make a decision on a claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or recurrent symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006). In January 2018 written testimony, the Veteran's wife described the Veteran's emotional changes after his prostate cancer diagnosis. VA treatment records dated August 2011 and April 2018 document treatment for adjustment disorder and trauma and stressor related disorder. Thus, the evidence indicates that currently diagnosed psychiatric conditions may be etiologically related to the Veteran's prostate cancer residuals and remand for an examination is required. The matters are REMANDED for the following action: 1. Provide the Veteran with appropriate notice regarding the claim of entitlement to service connection for an acquired psychiatric disorder, to include as a secondary complication of service-connected prostate cancer residuals. 2. Schedule the Veteran for a VA examination for his claimed acquired psychiatric disorder. The examiner must review the claims file. The examiner should identify the diagnosis for any acquired psychiatric disorder present at any time during the relevant appeal period (July 2011 onward). If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: (a.) Is a psychiatric disability caused by/proximately due to service-connected residuals of prostate cancer? (b.) Is a psychiatric disability aggravated, i.e., worsened beyond its natural progression, by service-connected residuals of prostate cancer? (c.) Is a psychiatric disability otherwise etiologically related to the Veteran's period of service, to include his reported combat related stressors? (d.) A clear rationale must be provided for any conclusion or opinion stated. The examiner should address 1) the Veteran's wife's January 2018 written testimony regarding the Veteran's emotional changes after his prostate cancer diagnosis; and (2) the VA treatment records dated August 2011 and April 2018 documenting treatment for adjustment disorder and trauma stressor related disorder. 3. Adjudicate the claim of entitlement to service connection for an acquired psychiatric disorder, to include as a secondary complication of service-connected prostate cancer residuals. If the claim remains denied, issue a supplemental statement of the case and return the appeal to the Board. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Smith, 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.