Prostate cancer decisions — 2014

The Veteran's prostate cancer is related to military service and presumed due to exposure to herbicide agents, thus service connection is granted.

The Veteran's prostate cancer and related complications are being remanded for further development, including a VA examination.

The Veteran's claim for an earlier effective date for PTSD service connection has been granted, and he is now entitled to a TDIU as of September 9, 2008. The right knee increased rating issue remains pending.

The Board has determined that the Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not rated totally disabled by VA for a continuous period of at least ten years immediately preceding his death. The appeal for death pension benefits is dismissed without prejudice.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's prostate cancer was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated due to herbicide exposure.

The Board has granted an effective date of August 26, 2002 for the grant of service connection for prostate cancer associated with herbicide exposure. The Veteran was diagnosed with prostate cancer in February 2000 and had previously filed a claim on that date. The deck logs from his ship indicated he likely left Vietnam during emergency leave in March 1972, which established his exposure to herbicides.

The Board has determined that the Veteran does not have a current diagnosis of a right ankle disability and denied his claim for service connection. His prostate cancer claim is remanded to the AOJ.

The Board has determined that the Veteran's prostate and kidney cancers are not related to his military service, including exposure to formaldehyde and benzene during active duty.

The Veteran's claims for service connection are being remanded due to incomplete information regarding his alleged exposure to chemicals other than herbicides during active duty. Further development is needed, including obtaining records from the Joint Services Records Research Center and any relevant facilities, as well as VA examinations.

The Board has determined that the reduction of the evaluation for prostate cancer from 100 percent to 40 percent, effective January 1, 2010 was proper and a higher rating is not warranted.

The Board found that the reduction of the rating for residuals of prostate cancer from 100% to 20% was proper and denied entitlement to a higher rating.

The Veteran's prostate cancer claim has been remanded for further development regarding possible exposure to herbicides and ionizing radiation during service.

The Board denied the Veteran's claim for service connection for prostate cancer, finding that there was no evidence of herbicide exposure and no in-service disease or injury related to prostate cancer.

The Board has reopened the Veteran's claim of service connection for prostate cancer and granted service connection based on presumed exposure to herbicides in Vietnam. The Veteran is now entitled to disability compensation for his prostate cancer.

The Board finds that the discontinuance of the 100 percent evaluation for residuals of prostate cancer effective October 1, 2010 was proper. The Veteran's last VA examination regarding his prostate cancer residuals was in December 2009 and a new examination is needed to assess current nature and severity.

The Board has determined that the Veteran's ischemic heart disease is presumed related to herbicide exposure during his service in Thailand, and thus grants service connection for this condition.

The Veteran died of metastatic prostate cancer, with tuberculosis of the lung as a significant contributing factor. The case is being remanded for additional development to determine if his service-connected pulmonary tuberculosis contributed substantially or materially to his death.

The Veteran's service connection claims for congestive heart failure, primary biliary cirrhosis, hiatal hernia, hypertension, benign prostatic hypertrophy (BPH), and prostate cancer are denied as there is no evidence of a disease or injury in service that could be linked to the current conditions.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for aid and attendance due to his ability to perform self-care functions, maintain independence in daily activities, and travel alone.