Prostate cancer decisions — 2012

The Veteran does not have hearing loss, an eye disability, or residuals of prostate cancer as a result of his service. The Board finds that the preponderance of the evidence is against the claims for service connection.

The Veteran's prostate cancer residuals are granted service connection on a presumptive basis due to herbicide exposure during his active military service in the Republic of Vietnam.

The Veteran's claim for service connection for prostate cancer, to include as a result of exposure to ionizing radiation, is being remanded due to the submission of new evidence and the need for further development.

The Veteran's service-connected disabilities are shown to prevent him from obtaining or retaining substantially gainful employment, and the Board finds that his TDIU claim is granted.

The Veteran's appeal for service connection of prostate cancer has been dismissed due to his death.

The Veteran's appeal is being remanded due to the need for additional VA medical records, specifically from a December 2011 examination. The case will be returned to the Board after these records are reviewed.

The Veteran's claim for service connection for bilateral hearing loss was denied, and his TDIU claim was also denied. The Board found that the evidence did not support a finding of service connection due to lack of in-service hearing loss or noise exposure, and concluded that he is unemployable based on his service-connected disabilities.

The Board found that the Veteran's prostate cancer had improved to the point where a reduction from 100% to 40% was warranted, and denied his request for restoration of the higher rating.

The Board has determined that the Veteran's prostate cancer is not related to his in-service prostatitis or herbicide exposure, and thus service connection cannot be granted.

The Veteran's partial amputation of the right fourth toe was denied as not related to service. The prostate cancer claim, claimed due to herbicide exposure, is remanded for further development.

The Veteran's appeal is remanded for further development, including obtaining SSA records and a VA examination to determine the etiology of his prostate cancer.

The Board has denied a compensable rating for bilateral hearing loss. The claim for higher rating of prostate cancer is being remanded due to the need for additional medical examination and development.

The Veteran's service-connected disabilities are rated as 100% disabling, but he is unable to secure or follow a substantially gainful occupation due to his disabilities. The case is REMANDED for further development and an appropriate VA examination.

The Veteran's appeal is being remanded for scheduling a hearing before the Board at the RO in St. Petersburg, Florida.

The Board has reopened the claim for service connection for prostate cancer, but denied the claim on the merits due to lack of evidence linking the current condition to service.

The Board has granted service connection for prostate cancer and an acquired psychiatric disorder, finding that the Veteran's current diagnoses are related to his military service and that he was exposed to herbicides during his Vietnam service.

The Veteran's service-connected residuals of prostate cancer, to include erectile dysfunction, have not resulted in an exceptional or unusual disability picture so as to render impractical the application of the regular schedular standards. Therefore, his claim for a higher rating is denied.

The Board has remanded the case for further development and consideration, including obtaining medical records and providing a VA physician with an opinion on whether in-service exposure to asbestos or herbicides caused or contributed to the Veteran's death.

The Veteran's prostate cancer residuals are rated at 40 percent from December 1, 2007. A separate 20 percent rating is granted for erectile dysfunction.

The Board has determined that the appellant's service connection claim for prostate cancer, claimed as due to exposure to herbicides (Agent Orange), needs further development. The claims file must be sent to JSRRC with a request for verification of exposure to herbicides at Fort Chaffee and other areas identified in personnel records where the appellant was stationed during his years of service with the Guard on Fort Chaffoe. If JSRRC confirms exposure, an opinion from a VA physician is required regarding whether it is as least as likely as not that the appellant's prostate cancer is related to Agent Orange exposure or other incident of service.