Prostate cancer decisions — 2014

The Board has determined that the Veteran's prostate cancer is not service connected, and his erectile dysfunction was not aggravated by a service-connected condition. The claim for service connection for prostate cancer is denied.

The Veteran's initial claim for a higher rating was granted, but the current effective date is January 28, 2010.,Since January 28, 2010, the Veteran's condition has not met the criteria for an increased disability rating.

The Board has reopened the Veteran's claims of service connection for prostate cancer and lung disorder (residuals of pneumonia) due to new and material evidence. The claims are granted as both conditions are found to be related to exposure to herbicides during active duty.

The Veteran's prostate cancer residuals were evaluated at a 40 percent rating from June 25, 2009 to December 20, 2010. The evidence did not meet the criteria for a higher disability rating during this period.

The Veteran's prostate cancer is found to be incurred during service due to herbicide exposure in Vietnam, and the claim for service connection is granted.

The Board found that the severance of service connection for prostate cancer, diabetes mellitus and all secondary disabilities based on no in country Vietnam service was proper. The claim of entitlement to service connection for these disorders is denied.

The Veteran's claims for service connection for prostate cancer, diabetes mellitus type II, skin cancer, and blindness are being remanded due to the need for additional development including obtaining records from SSA, VA, and private sources. The Veteran is also requested to provide information about his exposure to Agent Orange in Vietnam.

The Veteran's prostate cancer, which was previously rated at 100 percent, is now rated at 60 percent effective February 1, 2010. The Veteran has voiding dysfunction requiring the wearing of absorbent materials that must be changed more than four times per day.

The Veteran's claim for service connection for erectile dysfunction, left ankle arthritis, and TDIU based on his service-connected disabilities has been granted. The erectile dysfunction is found to be secondary to his diabetes mellitus and prostate cancer. His kidney dysfunction and prostate cancer residuals are rated at their maximum levels of 60% and 40%, respectively.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for diabetes mellitus, prostate cancer, a left leg disability (to include arthritis of the hip, knee, and leg), and PTSD. As such, these claims remain denied.

The Board has remanded the case due to a lack of medical nexus opinion regarding whether the Veteran's service-connected prostate cancer contributed to his death by causing or aggravating a psychiatric disorder, which in turn caused his suicide.

The Board denied the Veteran's claims for service connection for prostate cancer, kidney cancer, liver disability, hypertension, and erectile dysfunction. The Board found that these conditions were not caused or aggravated by active duty service or a service-connected disability.

The Veteran's claim for nonservice-connected disability pension benefits is denied because he did not serve during a period of war, and therefore does not meet the legal criteria for entitlement to such benefits.

The Veteran's appeal is remanded due to the need for a more current VA examination of his prostate cancer residuals, as he reported worsening symptoms since his last examination in January 2012.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA spine examination to determine if his lumbar spine disorder was incurred in service. Additionally, he will be scheduled for a VA urology examination to determine if his prostate cancer was initially incurred in service or related to chemical exposure during service.

The Veteran's claims for service connection for prostate cancer, bilateral hearing loss, bilateral tinnitus, and cerebrovascular accident were denied as there was no confirmed exposure to herbicide agents during service, no in-service injury or disease related to these conditions, and the current disabilities are not causally related to service.

The Veteran's prostate cancer was not incurred or aggravated by service, and there is no evidence of exposure to Agent Orange. Therefore, the claim for service connection is denied.

The Veteran's prostate cancer residuals are being remanded for further review by the Under Secretary for Benefits due to concerns about ionizing radiation exposure during service. The case will be referred back for a determination on whether an advisory opinion from the Under Secretary of Health is necessary.

The Board has granted service connection for the cause of the Veteran's death, finding that prostate cancer, a disease presumptively linked to herbicide exposure, substantially contributed to his death. The appellant is now entitled to VA benefits based on this determination.

The Board has granted the Veteran's claim to reopen his service connection for prostate cancer, finding that new and material evidence has been submitted. The Board also found that the Veteran was exposed to herbicides during service and is entitled to presumptive service connection for prostate cancer as secondary to such exposure.