Prostate cancer decisions — 2013

The Veteran's claim for service connection for prostate cancer as a result of exposure to herbicides is being remanded due to the need for additional development.

The Veteran's appeal has been dismissed as the Veteran's attorney requested a withdrawal of the appeal in November 2012.

The Veteran's appeal is being remanded to the Department of Veterans Affairs Regional Office for a Travel Board hearing. The issues include restoration of service connection for prostate cancer and erectile dysfunction, as well as an initial rating for PTSD.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's prostate cancer is presumed to have been incurred in service due to exposure to herbicide agents, specifically Agent Orange.,ED and bilateral lower extremity peripheral neuropathy are found to be secondary to the Veteran's service-connected prostate cancer.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation. The case is therefore REMANDED for further action.

The Veteran's residuals of prostate cancer have been rated at 60 percent since April 28, 2008. The Board found that the current rating adequately reflects his disability.

The Veteran's prostate and bladder cancers were not shown to be related to his active service, including exposure to Agent Orange. The Board found that the Veteran did not serve in Vietnam or have a presumptive exposure to herbicides.

The Veteran was found to be totally and permanently disabled due to service-connected disabilities, including major depressive disorder and prostate cancer residuals, since at least September 2000. The effective date for the TDIU rating cannot be earlier than August 20, 2008 as it occurred more than one year prior to this date.

The Board found that the Veteran's prostate cancer was not incurred in or aggravated by his active service, and is not proximately due to or the result of exposure to ionizing radiation.