Prostate cancer decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, Social Security Administration records, and a VA examination. The claims will be readjudicated after the additional development.

The Board found that the Veteran did not have confirmed exposure to Agent Orange or other tactical herbicide agents during service, and thus could not establish presumptive service connection. The claim for direct service connection was also denied as there is no evidence of a current disability related to service.

The Veteran's prostate cancer residuals, effective September 25, 2014, required that he change absorbent materials more than four times a day, which resulted in a 60 percent rating.

The Board has determined that the evidence is in equipoise as to whether the Veteran's prostate cancer, which caused his death, was due to exposure to contaminated water at Camp Lejeune during service. As a result, service connection for the cause of the Veteran's death is granted.

The Veteran's prostate cancer was rated at 100% disabling, effective February 28, 2007. The RO reduced the rating to 40%, effective March 1, 2009, and then retroactively changed it back to 100%. The Board found this reduction improper.

The Board has remanded the case for additional development, including obtaining hospitalization records of the Veteran's February and March 2000 lumbar discectomy and wound excision. The Veteran is seeking to reopen his previously denied claim for testicular cancer, service connection for prostate cancer, and compensation under 38 C.F.R. § 1151 for Hepatitis C infection.

The appellant is recognized as the surviving spouse of the Veteran for purposes of VA death benefits, including DIC, accrued benefits, death pension benefits, and burial benefits.

The Veteran withdrew his appeal regarding the reduction of a prostate cancer disability evaluation from 100 to 20 percent disabling, effective June 1, 2012.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA and private treatment records, verifying stressors for PTSD, scheduling a VA examination for hearing loss, prostate cancer, and psychiatric disorders, and ensuring all evidence is associated with the record.

The Veteran's TDIU claim is being remanded for further development, including a comprehensive VA examination and consideration of the impact of his service-connected disabilities on his ability to work.

The Veteran's appeal for increased ratings of prostate cancer and erectile dysfunction was withdrawn. The Veteran's meningioma claim, related to exposure to Agent Orange, is remanded for further examination.

For the entire initial rating period, the Veteran's residuals of prostate cancer have been manifested by symptoms such as hesitancy, dysuria, stress incontinence, post-void dribbling, daytime voiding interval between one and two hours, and nighttime awakening to void three to four times. These symptoms do not warrant a higher disability rating.

The Veteran's claims for diabetes mellitus type II, prostate cancer, and skin cancer have been denied as there is no evidence of in-service exposure to herbicides. The claim for arthritis has also been denied due to lack of service connection.

The Board has found that new and material evidence has been received to reopen the appellant's claims for service connection for an acquired psychiatric disorder, a back condition, and erectile dysfunction with incontinence. The case is being remanded to obtain additional development of the evidence.

The Veteran's prostate cancer has been rated at 40 percent disabling, effective from the date of the April 2011 decision. The rating is based on urinary frequency with voiding requiring absorbent material changed 2 to 4 times per day.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, prostate cancer residuals, cervical spine degenerative disc disease, and other conditions do not render him unable to secure or follow substantially gainful employment.

The Board finds that the reduction in the Veteran's prostate cancer rating from 100 to 20 percent was proper, and since December 1, 2009, his residual symptoms have warranted a 40 percent rating for voiding dysfunction.

The Board has determined that the Veteran is entitled to service connection for coronary artery disease due to herbicide exposure, but not earlier than December 23, 2009. The claim of entitlement to an earlier effective date for prostate cancer remains denied.

The Veteran's claim for a rating in excess of 10 percent for postoperative residuals of prostate cancer prior to July 7, 2011 was granted.

The Veteran's prostate cancer and hypertension were not shown to be related to his active service, including any potential herbicide exposure. The Board found insufficient evidence to establish a link between the conditions and service.