http://www.va.gov/vetapp16/Files5/1639918.

txt
Citation Nr: 1639918
Decision Date: 09/30/16
DOCKET NO.
)
)

Archive Date: 10/13/16

13-03 446 ) DATE

On appeal from the

Department of Veterans Affairs (VA) Regional Office (RO)
in St. Petersburg, Florida
THE ISSUES
1.

Entitlement to a total disability rating based on individual unemployab

2.

Entitlement to service connection for renal carcinoma, claimed as a rig

REPRESENTATION
Appellant represented by: Paralyzed Veterans of America, Inc.
ATTORNEY FOR THE BOARD
D. Orfanoudis, Counsel
INTRODUCTION
The Veteran had active duty service from February 1975 to October 2000.

This appeal to the Board of Veterans' Appeals (Board) arose from a June 201

The Board notes that, in a March 2014 submission, the Veteran's representat

In August 2015, a Deputy Vice Chairman of the Board granted a motion to adv

In December 2015, the Board remanded the claims on appeal for further evide

Subsequently, after the claims were in appellate status , the RO issued a r

This appeal is now being processed utilizing the Veterans Benefits Manageme
The Board's disposition of the TDIU claim is set forth below.

The matter o

FINDING OF FACT
In a June 2016 rating decision, VA granted the Veteran's claim for a TDIU,

CONCLUSION OF LAW

Because the June 2016 award of TDIU for the entirety of the period on appea
REASONS AND BASES FOR FINDING AND CONCLUSION

The Secretary shall decide all questions of law and fact necessary to a dec

One of the principal functions of the Board is to make determinations of ap

jurisdiction. 38 C.F.R. 19.4. The Board may address questions pertaini

Although the Veteran perfected an appeal to the Board with respect to the d
Under these circumstances, the Board finds that the TDIU claim which was

ORDER
The appeal as to the claim of entitlement to a TDIU is dismissed.
REMAND

The Board's review of the claims file reveals that further AOJ action on th

The Veteran has alleged that he developed renal carcinoma as a result of ac

A VA medical opinion dated in May 2016 shows that VA physician opined that
kidney disorder or a renal mass. The examiner added that review of medical

The VA physician further identified risk factors for kidney cancer, to incl
are more likely to be smokers and are more likely to be exposed to cancer-c
chemicals at work, which may account for some of the difference), and race.
The Board finds that the opinion of the VA physician is not adequate as it

Prior to obtaining further medical opinion in connection with this claim, t

Thereafter, the AOJ should attempt to obtain any additional evidence for wh

The actions identified herein are consistent with the duties imposed by the
Accordingly, this matter is hereby REMANDED for the following action:
1.

Obtain all outstanding, pertinent records of VA evaluation and/or treat

2.

Send to the Veteran and his representative a letter requesting that the

Clearly explain to the Veteran that he had a full one-year period to respon
3.

If the Veteran responds, assist him in obtaining any additional evidenc

4.

After all records and/or responses received from each contacted entity

The contents of the entire, electronic claims file, to include a complete c

With regard to diagnosed renal carcinoma with status-post partial nephrecto

In addressing the above, the examiner must consider and discuss all in- and

In this regard, the examiner is requested to address the likelihood that ex

The examiner is advised that the Veteran is competent to report injuries an

All examination findings/testing results (if any), along with complete, cle
5.

To help avoid future remand, ensure that all requested actions have bee

6.

After completing the requested actions, and any additional notification

7.

If the benefit sought on appeal remains denied, furnish to the Veteran

The purpose of this REMAND is to afford due process and to accomplish addit

This REMAND must be afforded expeditious treatment. The law requires that
action must be handled in an expeditious manner. See 38 U.S.C.A. 5109

______________________________________________
JACQUELINE E. MONROE
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs