Citation Nr: A25040468
Decision Date: 05/02/25	Archive Date: 05/02/25

DOCKET NO. 250130-504342
DATE: May 2, 2025

REMANDED

The claim of entitlement to service connection for prostate cancer is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1966 to July 1968.

This appeal is from a February 2024 rating decision.  The Veteran timely appealed to the Board, asking for placement on the evidence submission docket.  The Veteran submitted evidence during the 90-day period.

The claim of entitlement to service connection for prostate cancer is remanded.

The Board has identified a duty to assist error committee by the AOJ (agency of original jurisdiction) prior to the issuance of the decision on review.  The Board may remand the appeal for correction of these errors.

The duty to assist includes providing a VA examination when such is necessary to decide the claim.  If an examination is provided, it must be adequate.  Here, the Veteran has asserted that his prostate cancer was caused by his service-connected epididymitis.  The VA examiner only addressed causation and not aggravation, which was error.  A supplemental medical opinion should have been obtained that addressed aggravation.  Further, the opinion on causation is conclusory.  The examiner noted that epididymitis is not a risk factor for prostate cancer, but does not explain whether that is because studies have not found a relationship or because no studies have been conducted.  It was error to rely on this opinion to deny the claim, and an updated causation opinion should be obtained as well.  

The matters are REMANDED for the following action:

Forward the claims file to an appropriate examiner for an opinion on whether it is approximately as likely as not that service-connected epididymitis caused or aggravated prostate cancer.  Separate opinions on causation and aggravation must be rendered.  "Aggravation" means to cause any increase in severity that need not be permanent in nature.  The examiner is asked to review the entire record and to conduct a search of the relevant literature prior to opining.  

With regard to both opinions, the February 2024 VA examiner indicated that epididymitis is not a risk factor for prostate cancer, without adequately discussing whether studies showed no relationship or whether studies had been conducted at all, which the examiner should address.  

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All opinions are to be supported with explanation.  

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Gibson, Amanda

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.