Prostate cancer decisions — 2016

The Veteran's prostate cancer is presumed service-connected due to Agent Orange exposure. The Board also finds that the Veteran served in Vietnam, presuming his exposure to Agent Orange. As a result, the Veteran's end stage renal disease is presumed secondary to his service-connected prostate cancer.

The Veteran's claim for a higher rating for diabetes mellitus type II was denied as the evidence did not show regulation of activities.,The Veteran's claim for a higher rating for residuals of prostate cancer was denied as he did not require absorbent materials or have recurrent urinary tract infections.,The Veteran's claim for a compensable rating for erectile dysfunction was denied as there was no evidence of removal of half or more of the penis, removal of the glans, or deformity of the penis.

The Board has granted a rating of 40 percent for residuals of prostate cancer with erectile dysfunction and voiding dysfunction from April 1, 2012 to October 31, 2012. For the period after November 1, 2012, the Veteran's condition does not warrant a higher rating.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to determine if his current conditions are related to service.

The Board found that the appellant's prostate cancer was not present during service or for many years thereafter, and was not caused by any incident of service including Agent Orange exposure.

The Board has remanded the case to determine if a TDIU is warranted on an extraschedular basis due to service-connected disabilities, including prostate cancer and radiation proctitis.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed exposure to ionizing radiation during service, which could affect his claim for service connection for prostate cancer.

The Board denied the Veteran's claims of entitlement to service connection for damaged urethra, urethral cancer, prostate cancer, and bladder cancer. The evidence did not establish a direct relationship between these conditions and service.

The Veteran meets the percentage requirements for TDIU due to two or more service-connected disabilities, with at least one disability rated at 40 percent or more, and a combined rating of 70 percent or more. The evidence is in equipoise as to whether the Veteran's service connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that the reduction of the Veteran's prostate cancer rating from 100% to 20% was proper. The Veteran is now rated with a 40% disability rating for his residuals of prostate cancer, status-post radiation.

The Veteran's prostate cancer, which was initially granted service connection in February 2007, is now rated at 60 percent effective from February 21, 2007.

The Board has found that the Veteran was exposed to herbicides during his active military service while stationed at Fort Drum, and therefore grants service connection for diabetes mellitus, type II, cancer of the neck, prostate cancer, and bladder cancer as due to exposure to Agent Orange.

The Board has decided to remand the case for further development, including obtaining service treatment records and private medical records, as well as arranging a urology examination. The Veteran's prostate cancer is being considered on its merits without any presumption or exposure basis.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining updated VA treatment records and a complete list of his post-service employment history.

The Veteran's claim for an increased rating for his service-connected prostate cancer is being remanded due to the need for a new VA examination.

The Veteran's residuals of prostate cancer status post radical prostatectomy have been characterized by voiding dysfunction, requiring the use of an appliance and absorbent materials which must be changed more than four times a day. The Board has determined that this warrants a 60 percent evaluation.

The Veteran's service-connected prostate cancer does not render him unable to secure or follow substantially gainful employment, thus the claim for a TDIU is denied.

The Board found that the reduction of the Veteran's rating for residuals of prostate cancer was proper. The issues of service connection for PTSD and increased ratings for prostate cancer and adjustment disorder are addressed in the REMAND portion of the decision below and are REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran's service-connected disabilities, including prostate cancer, type II diabetes mellitus with erectile dysfunction, peripheral neuropathy of the right and left lower extremities, preclude him from obtaining or retaining substantially gainful employment.

The Board denied the Veteran's claim for service connection for prostate cancer, including as due to exposure to herbicides. The decision also addressed a separate issue of service connection for BPH and other prostate disabilities.