Prostate cancer decisions — 2016

The Board has determined that the Veteran's current prostate cancer, epidermal cyst (neck), bilateral kidney cysts, and hepatic granulomata are not etiologically related to service, specifically exposure to non-ionizing radiation in service.

The Veteran's service connection claim for COPD was denied. The Veteran received a 50% rating for his adjustment disorder with anxiety and depressed mood prior to October 17, 2014, but the appeal for an increased rating after that date is still pending.

The Board has remanded the case due to issues with the procedural aspects and a need for additional development, including scheduling a VA examination for the neck scar.

The Veteran's prostate cancer and hypertension were not incurred in service, as there is no evidence of such conditions during or within one year after his separation from active duty. The claims are denied.

The Veteran's prostate cancer was treated with a radical prostatectomy in August 2008, which is more than six months prior to his claim of service connection. The VA and private medical records show no local reoccurrence or metastasis of the prostate cancer. For the entire initial rating period, the Veteran's disability is rated based on residual symptoms as erectile dysfunction without deformity and subjective urinary symptoms.

The Board has decided to remand the case for further development and examination, as there are concerns about the adequacy of the VA examinations and opinions provided. The Veteran's prostate disability is being considered, including prostatitis and prostate cancer.

The Veteran's service in the Republic of Vietnam is presumed, and he has been diagnosed with prostate cancer. Therefore, his claim for service connection for prostate cancer is granted.

The Veteran's prostate cancer residuals have been rated at 60 percent disabling effective February 21, 2014. The Board finds that the reduction from 100 to 40 percent was proper and that a total disability rating based on individual unemployability is warranted.

The Veteran's service-connected residuals of prostate cancer and asthma were not found to warrant initial disability ratings in excess of the currently assigned 10 percent and 30 percent, respectively, prior to December 8, 2011.

The Veteran's prostate cancer is found to be caused by Agent Orange exposure during service, and he is granted service connection for this condition.

The Veteran has withdrawn his appeals for the issues of service connection for an acquired psychiatric disorder, heart disability, and prostate cancer, as well as TDIU. The appeal is dismissed.

The Board has determined that the Veteran's prostate cancer with erectile dysfunction is no longer rated at 100 percent due to remission, and a 20 percent rating is assigned effective January 1, 2014. The reduction from 100 percent was proper.

The Veteran's ischemic heart disease, prostate cancer (status post radical prostatectomy), and erectile dysfunction are all found to be related to his service due to exposure to herbicide agents during active duty. The erectile dysfunction is also found to be secondary to the service-connected prostate cancer.

The Board denied service connection for leukemia and prostate cancer, both presumed to be related to in-service exposure to herbicides or asbestos. The claims were not granted as the diseases are not linked to service.

Service connection for prostate cancer was granted with an effective date of August 1, 2009. The reduction in rating from 100% to 20% was affirmed. The issue of increased ratings for prostate cancer and residuals is still under consideration.

The Veteran does not have prostate cancer and the current prostate disabilities are not related to his active service, including herbicide exposure.

The Veteran's prostate cancer and diabetes mellitus are presumed to have been incurred as a result of his exposure to herbicides during service. The Board finds the Veteran set foot in Vietnam, establishing presumptive exposure.

The Veteran has been granted service connection for diabetes mellitus, type II and erectile dysfunction as a result of herbicide exposure in service.,Service connection was also granted for prostate cancer due to herbicide exposure.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the issues on appeal and determine if there was any negligence or lack of proper care from VA in his prostate cancer treatment.

The Board found that the Veteran's service-connected inactive pulmonary tuberculosis did not contribute substantially or materially to his death, and thus denied DIC benefits.