Prostate cancer decisions — 2014

The Veteran's appeal for service connection for prostate cancer was dismissed due to his withdrawal of the claim. The Board also addressed, but did not grant, his claim for service connection for an acquired psychiatric disorder.

The Veteran's prostate cancer was rated at 100% from November 23, 2004. The RO reduced this to noncompensable in January 2006 and then retroactively changed it to 60% effective April 1, 2006.,Between April 1, 2006 and May 3, 2006, the Veteran had residuals of prostate cancer with manifestations of a voiding dysfunction but no evidence of recurrence of active cancer or renal dysfunction. A rating in excess of 60% is not warranted for this period.,Between July 1, 2006 and May 31, 2007, the Veteran had residuals of prostate cancer with manifestations of mild stress urinary incontinence but no evidence of use of absorbent materials or renal dysfunction. A rating in excess of 30% is not warranted for this period.,Since June 1, 2007, the Veteran has awakened to void three to four times per night and had obstructed voiding, a urinary tract infection, but no evidence of use of absorbent materials or renal dysfunction. A rating in excess of 20% is not warranted for this period.

The Veteran's service-connected disabilities, particularly the neurological impairment affecting his lower extremities, render him unable to obtain or maintain substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has remanded the case for scheduling a Travel Board hearing before a Veterans Law Judge at the RO.

The Board has determined that further development is needed in both the accrued benefits and service connection for cause of death claims. The accrued benefits claim will be adjudicated on its merits, while the service connection for cause of death claim requires an opinion regarding whether the glioblastoma causing the Veteran's death was related to his service-connected prostate cancer or radiation treatment.

The Veteran has withdrawn his appeal regarding the issue of service connection for prostate cancer, and there are no longer any factual or legal issues to consider.

The Board has determined that the reduction of the disability rating for residuals of prostate cancer with chronic cystitis of the bladder from 100 percent to 20 percent was improper and void ab initio due to failure to comply with procedural requirements.

The Board has determined that the Veteran was exposed to herbicides while aboard his ship in Vietnam, which is sufficient for presumptive service connection for type II diabetes mellitus and prostate cancer, status post radical prostatectomy.

The Board found that the Veteran's prostate cancer and colon disorder were not incurred or aggravated in service, including as due to exposure to ionizing radiation. The claims are denied.

The Veteran's initial claim for service connection and SMC was received on December 17, 2008. The Board found that an earlier effective date prior to December 17, 2008, is not warranted as the RO already assigned the earliest possible effective date provided by law.

The Veteran's prostate cancer residuals and diabetes mellitus are granted as service connected due to herbicide exposure during his time in Thailand.

The Veteran's prostate cancer was not incurred or aggravated by his military service, as there is no evidence of in-service exposure to herbicides or other causative factors.

The Veteran's appeal was for a reduction in his disability rating from 100% to 40%, effective September 1, 2009. The RO reduced the rating but did not follow proper procedures as required by VA regulations. As such, the reduction is void ab initio and the original 100% rating for prostate cancer residuals must be restored.

The Board found that the reduction of the Veteran's prostate cancer disability rating from 100% to 10% was proper and denied entitlement to restoration of a higher rating.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence linking the Veteran's current conditions to his military service.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining all relevant treatment records.

The Veteran's residuals of prostate cancer, rated at 40 percent since March 1, 2011, do not meet the criteria for a higher rating as they have not demonstrated the need to use absorbent materials which must be changed four or more times per day.

The Veteran's prostate cancer and skin cancers (basal cell carcinoma and squamous cell carcinoma) are deemed to be due to radiation exposure during service, warranting a grant of service connection.

The Board denied the Veteran's request for an effective date prior to November 27, 2009 for the grant of service connection for prostate cancer due to presumed exposure to Agent Orange. The claim was not raised before this date.

The Board denied the Veteran's claims for service connection for prostate cancer, urinary tract condition, colon cancer, and erectile dysfunction as due to herbicide exposure. The evidence did not support a finding of presumptive service connection based on herbicide exposure.