Prostate cancer decisions — 2016

The Veteran's appeal is being remanded due to a need for additional development, including scheduling a new hearing before the Board.

The Board has remanded the case for additional development, including a TDIU determination and consideration of an extraschedular rating for prostate cancer residuals. The Veteran's service-connected disability is expected to impact his employment.

The Board has determined that the Veteran's prostate cancer and its residuals are not related to his exposure to carbon tetrachloride during service, as there is no scientific evidence linking prostate cancer to such exposure. The claim for service connection for residuals of prostate cancer is therefore denied.

The Board denied the Veteran's claims for service connection for prostate cancer and peripheral neuropathy, finding that there was no actual exposure to herbicide agents during his service and thus no presumption of exposure applies. The Board also found that the Veteran did not have early onset peripheral neuropathy.

The Veteran's prostate cancer with radical prostatectomy and erectile dysfunction are rated at the lowest possible levels under VA regulations. The Board finds that neither condition warrants a higher rating based on the evidence of record.

The Board has determined that further development is needed before a decision can be reached on the merits of the underlying claims for service connection.

The Veteran's residuals of prostate cancer have been rated as a 20 percent disability since December 10, 2008. This rating is based on urinary frequency at night.

The Veteran's service-connected disabilities do not render him unable to care for his daily needs without requiring the regular aid and attendance of another person, nor has he been shown to be housebound. Therefore, the criteria for SMC based on the need for regular aid and attendance are not met.

The Board found that the reduction of the Veteran's prostate cancer rating from 100% to noncompensable was proper, and granted a compensable rating for residuals of prostate cancer prior to May 4, 2015.

The Veteran's claim for a higher rating for his residuals of prostate cancer was denied as he did not meet the criteria for a higher rating from March 1, 2009 to September 30, 2013.

The Veteran's appeal is being remanded for additional development, including obtaining a retrospective medical opinion regarding prostate cancer and a VA examination to assess the severity of his service-connected conditions.

The Veteran's appeal is being remanded due to the need for additional evidence and a new VA examination. The claims include an initial rating claim for PTSD, a non-compensable rating claim for prostate cancer, and a TDIU claim.

The Board has reopened the claim for service connection for the cause of death due to new and material evidence. The Veteran's myelodysplastic syndrome is found to be related to Agent Orange exposure, which contributed substantially or materially to his death.

The Veteran's residuals of prostate cancer have resulted in urinary frequency, but not to the extent that would warrant a higher evaluation. The current rating adequately reflects his disability.

The Veteran's prostate cancer rating was reduced from 100% to 20%, effective March 1, 2011. The reduction was proper as the evidence showed no local reoccurrence or metastasis of the prostate cancer and that the disability was not manifested by renal dysfunction, urine leakage, or obstructed voiding.

The Board has reopened the Veteran's claims for service connection for prostate cancer, diabetes mellitus type II, and coronary artery disease due to herbicide exposure at Korat Royal Thai Air Force Base. The Veteran is granted presumptive service connection for these conditions.

The Board has determined that the Veteran's prostate cancer and sleep apnea were not incurred or aggravated during his military service, and therefore denied these claims.

The Veteran's PTSD disability is rated at 100 percent disabling, effective December 2, 2003. The claim for a TDIU is moot as the Veteran has been awarded SMC under 38 U.S.C.A. § 1114(s) since September 24, 2012.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records from Dr. S.K. and ensuring all outstanding VA medical records are associated with the claims file.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation consistent with his education and occupational background.