Prostate cancer decisions — 2015

The Board determined that the reduction of the Veteran's prostate cancer rating from 100% to 40% effective December 1, 2012 was improper.

The Board is remanding the claims for an extraschedular rating and TDIU due to ongoing development of medical records and a determination on whether the criteria for an extraschedular rating have been met.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for bilateral hearing loss and prostate cancer. However, the Veteran's claim of entitlement to service connection for these conditions remains denied as there is no competent medical evidence establishing a direct relationship between his current disabilities and military service.

The Board has determined that the Veteran's diabetes mellitus and prostate cancer are not related to his active service, including exposure to herbicides in Okinawa, Japan.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is being remanded as further examination and medical opinion are needed to address the functional effects of his combined service-connected disabilities, particularly in light of possible increase in severity since his last VA examination.

The Veteran's prostate cancer was not present during his military service and there is no evidence of exposure to herbicides. The Board finds that the preponderance of the evidence is against a finding that the Veteran's prostate cancer is related to his period of service.

The Veteran's unauthorized medical expenses incurred at Orange Park Medical Center from July 26 - August 1, 2012 were approved as the services rendered were for a disability of a veteran who has a total disability permanent in nature resulting from a service-connected disability (PTSD).

The Veteran's prostate cancer with erectile dysfunction is entitled to a March 1, 2012 effective date for a 100% rating.

The Veteran's tinnitus, prostate cancer, and diabetes mellitus are all found to be related to service, with a presumption of exposure due to Gulf War service.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to consider the merits of the claims.

The Board has ordered a supplemental opinion to address the medical articles and treatises submitted by the appellant, as well as comments made by Dr. V.

The Veteran's erectile dysfunction has been rated at 20 percent, effective from the date of service connection.,The Veteran's prostate cancer disability with residual voiding dysfunction has been rated at 40 percent, effective June 18, 2009.

The Veteran's claim for service connection for prostate cancer, claimed as due to herbicide exposure, is being remanded for additional development and consideration of the recent court ruling in Gray v. McDonald.

The Veteran's claim for an initial rating higher than 40 percent for his service-connected residuals of prostate cancer is being remanded due to the need for additional development, including obtaining updated treatment records.

The Veteran's prostate cancer is found to be related to his active military service, specifically due to exposure to herbicides while serving at U-Tapao Royal Thai Air Force Base in Thailand. Service connection for prostate cancer is granted.

The Veteran's appeal for higher ratings for residuals of prostate cancer prior to September 26, 2013 and from that date was denied. The current disability rating remains at 20 percent prior to September 26, 2013 and at 40 percent from that date.

The Veteran's DDD of the cervical spine is found to be proximately due to or aggravated by his service-connected disabilities, specifically his DDD of the lumbar spine and right leg shortening. His prostate cancer was not incurred in or aggravated by service and may not be presumed to have been incurred therein.

The Board has determined that the Veteran's postoperative residuals of prostate cancer, status post radical prostatectomy, warrant a 40 percent rating effective June 17, 2009. The primary disability is chronic bladder cystitis due to radiation therapy.

The Veteran's prostate cancer is granted service connection based on herbicide exposure in Thailand. The tumors of the upper right shoulder and left arm are also found to be related to his prostate cancer.