Prostate cancer decisions — 2015

The Veteran's residuals of prostate cancer were incurred in service and the Board finds that service connection is warranted.

The Veteran's claims for effective dates earlier than May 19, 2009 for bilateral hearing loss and prostate cancer have been granted. The claim for an earlier effective date for tinnitus is partially granted.,An effective date of September 26, 2008 has been assigned for the grants of service connection for bilateral hearing loss and prostate cancer.

The Board denied the Veteran's claims of service connection for diabetes mellitus, thyroid disease, panic attacks, rash condition, and prostate cancer due to lack of evidence of exposure to herbicide agents in Libya. The Veteran did not serve in Vietnam or any other area where Agent Orange was used.

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) was granted effective January 6, 2011. The criteria for TDIU were met as the Veteran's service-connected disabilities rendered him unable to work at his previous job due to health issues.

The Veteran's prostate cancer, bilateral upper extremity neuropathy, and hypertension have been granted service connection on a secondary basis due to his service-connected diabetes mellitus type 2.

The Veteran's prostate cancer residuals are rated at 20 percent prior to October 8, 2014 and at 40 percent thereafter. The Veteran's psychiatric disability is rated at 70 percent effective October 8, 2014.

The Veteran's service-connected disabilities do not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a). The Board finds that his prostate cancer, by itself, does not preclude him from securing and following a substantially gainful occupation.

The Veteran's prostate cancer was not shown to be related to his military service, including any medical condition therein. The Board denied the claim for service connection.

The Veteran's prostate cancer is found to be related to his military service, specifically exposure to Agent Orange during active duty.

The VA determined that the Veteran's prostate cancer was not incurred in or aggravated by his military service and is not related to any conditions treated during service. The Board finds the February 2015 VA medical opinion, which reviewed all pertinent evidence, to be the most probative against the claim.

The Veteran withdrew his appeals regarding a higher initial rating for prostate cancer status post cryotherapy, in excess of 40 percent from April 1, 2012, and a higher initial (compensable) rating for erectile dysfunction.

The Veteran's TDIU claim was granted effective May 1, 1997 due to the combined rating of his service-connected disabilities meeting the minimum criteria for entitlement to benefits. The DEA claim was granted effective May 5, 1994, when he first demonstrated a permanent and total disability.,The Veteran's unemployability is based on his service-connected lumbar, cervical, thoracic spine, bilateral joint degenerative arthritis, right elbow contracture with ulnar nerve compression symptoms, and multiple joint chondromalacia. The VA examinations and private rehabilitation counselors' statements support the conclusion that he cannot secure or follow a substantially gainful occupation due to these disabilities.

The Veteran's prostate cancer residuals were rated at 20 percent prior to March 26, 2014 and at 40 percent since then. The claim for an increased rating is granted.

The Veteran's claim for retroactive VA compensation for the period from May 9, 2005 to December 1, 2006 is denied as he was not entitled to concurrent receipt of military retirement pay and VA disability compensation.

The Veteran's prostate cancer is not due to in-service radiation exposure or any other incident of his military service.

The Board denied the Veteran's claims for service connection for prostate cancer and sterility, finding no evidence of exposure to Agent Orange or other herbicides during his military service.

The Board has determined that additional development is needed to verify the Veteran's claimed exposure to herbicides and to obtain his complete VA treatment records. The Veteran's claims for service connection are remanded for a new VA examination regarding his vestibular disability.

The Veteran requested to withdraw his appeal regarding the disability rating for depression with alcohol abuse, associated with prostate cancer. As a result, the Board dismissed this issue.

The Veteran's claim for an increased rating for all residuals of service-connected prostate cancer, including erectile dysfunction, is being remanded due to the need for additional development and examination.

The Board denied service connection for Type II diabetes mellitus and prostate cancer, both claimed as the result of herbicide exposure.