Citation Nr: 18139638
Decision Date: 09/28/18	Archive Date: 09/28/18

DOCKET NO. 16-28 644
DATE:	September 28, 2018
REMANDED
Entitlement to an initial compensable rating for erectile dysfunction is remanded.
Entitlement to an initial compensable rating for status post radical prostatectomy, residuals of prostate cancer, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1966 to November 1968.
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).
1. Entitlement to an initial compensable rating for erectile dysfunction is remanded.
The Veteran contends that he should be granted an initial compensable rating for his erectile dysfunction because he experiences a penis deformity.  See August 2015 Correspondence.  The January 2014 prostate cancer examination found that the Veteran has a diagnosis of erectile dysfunction with the loss of erectile power with and without the use of medication.  However, the VA examination did not indicate whether the Veteran has an accompanying deformity of the penis.  Given the fact that any finding of a deformity of the penis would warrant a higher rating for that disability, the Board finds a remand is required to afford him a VA examination to determine the severity of his erectile dysfunction.  See 38 U.S.C. § 5103A(b); Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (holding that when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate).
2. Entitlement to an initial compensable rating for status post radical prostatectomy, residuals of prostate cancer, is remanded.
The Veteran was last afforded a VA examination for his service-connected prostate cancer residuals in January 2014.  At the time, the VA examiner determined there were no symptoms of a voiding dysfunction.  Evidence associated with the claims file after the examination, however, shows that the Veteran experiences a voiding dysfunction that requires him to wear protective pads.  The Veteran also reported that he uses the bathroom multiple times a night and sometimes has to force himself to urinate.  See August 2015 Correspondence;  March 2016 Medical Treatment Record; March 2017 CAPRI.  In light of the evidence suggesting that the Veteran’s service-connected prostate cancer residuals may have worsened, the Board finds that a new VA examination is necessary to clarify the current severity of his prostate cancer residuals and whether the Veteran’s voiding dysfunction is related to his prostate cancer residuals.
The matters are REMANDED for the following action:
1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected erectile dysfunction.  The examiner should review the Veteran’s claims file and provide an opinion as to whether there is any deformity of the penis.  A detailed rationale supporting the examiner’s opinion must be provided.  The examiner should discuss the Veteran’s contentions of a penis deformity in the August 2015 Correspondence.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected prostate cancer residuals.  The examiner should review the Veteran’s claims file and provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria, to include any voiding dysfunction.  
The examiner should discuss the Veteran reports of a voiding dysfunction and that he must wear a protective pad during the day, has to force himself to urinate, and goes to the bathroom 4 to 5 times during the night.  See March 2017 CAPRI.
The examiner should provide an opinion as to whether any voiding dysfunction is related to his prostate cancer residuals. 
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3. After the above development has been completed, readjudicate the claim.  If any benefit sought remains denied, provide the Veteran and his representative with a supplemental statement of the case, and return the case to the Board.
 
DONNIE R. HACHEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Brandt

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