Prostate cancer decisions — 2014

The Veteran's bladder and prostate cancer claims are being remanded for additional development, including obtaining medical opinions regarding the etiology of his cancers. The psychiatric disorder claim is also being remanded due to its inextricability with the cancer claims.

The Board found that the Veteran's death from metastatic lung cancer was not caused by VA's failure to diagnose and treat his condition earlier, as the evidence did not show such a causal connection.

The Veteran's initial increased rating for residuals of prostate cancer is granted to a 20 percent evaluation, effective July 30, 2010.

The Board has determined that the original grants of service connection for prostate cancer and erectile dysfunction secondary to prostate cancer were clearly and unmistakably erroneous due to a lack of objective evidence confirming a diagnosis of prostate cancer. As such, the severances of service connection in the August 2009 rating decision were proper, and restoration of service connection is denied.

The Board has determined that the Veteran did not have service in Vietnam and therefore, he is not entitled to presumptive service connection for any conditions related to Agent Orange exposure. The claims for service connection were denied.

The Veteran's appeal is being remanded due to the need for additional medical evidence regarding his upper spine arthritis and prostate cancer claim. The VA will schedule a hearing for the Veteran on his prostate cancer claim, and arrange for a VA examination to determine if he has current thoracic spine arthritis.

The Board has remanded the case due to the need for additional VA treatment records and a genitourinary examination.

The Board has ordered remand due to the need for additional VA assistance in substantiating claims of exposure to toxic chemicals during service, specifically mustard gas and herbicide agents. The Veteran's prostate cancer, respiratory disability, and sleep apnea are all being reviewed to determine if they are related to his service.

The Board has determined that the reduction in the evaluation of the Veteran's service-connected prostate cancer residuals from 100% to 20% effective June 1, 2009 was proper. The claim for an increased rating for prostate cancer residuals is denied as the evidence does not support a higher rating during the period on appeal.

The Veteran withdrew his appeal regarding the issues of a higher rating for prostate cancer and the propriety of reducing the disability evaluation from 100 percent to 20 percent.

The case is being remanded for further development, including obtaining a supplemental opinion from a VA psychiatrist regarding the etiology of the Veteran's depression and erectile dysfunction.

The Veteran's claims for service connection for diabetes mellitus, type II and prostate cancer are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board found that the Veteran's death was not caused by a disability due to disease or injury incurred or aggravated during active service, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's prostate cancer is presumed to have been related to his service in the Republic of Vietnam, and he is granted service connection for this condition. The issue of service connection for Graves' disease remains pending.

The Veteran's bladder cancer is not service-connected as his exposure to herbicides did not play a role in the development of this condition. His prostate cancer residuals are service-connected, but do not warrant a compensable rating.

The Veteran's appeal is being remanded due to the need for additional development and consideration of all submitted evidence, including an expert medical opinion regarding malignant melanoma. The claim will be considered in light of new theories of entitlement such as secondary service connection.

From August 1, 2007 to June 9, 2009, the Veteran's prostate cancer residuals warranted a 40 percent rating.,Since November 5, 2012, the Veteran's urinary incontinence has required changing absorbent pads more than four times per day, warranting an even higher 60 percent rating.

The Board has determined that the Veteran's bladder cancer is related to his service-connected prostate cancer treatment, and thus grants service connection for the disability.

The Board has determined that additional development is needed to verify the appellant's service periods and obtain his medical records. The appeal will be remanded for these purposes.

The Veteran's claim of service connection for loss of the gallbladder has been withdrawn. The reduction of his rating for residuals of prostate cancer from 100% to 60%, effective September 1, 2011, was denied.