Prostate cancer decisions — 2017

The Board has remanded the case for a hearing to be conducted at the RO before a member of the Board or via videoconference.

The Board finds that the Veteran's death was caused by, or substantially or materially contributed to, a disability incurred in or aggravated by active service. The evidence is in relative equipoise as to whether the cause of the Veteran's death (end-stage renal disease and end-stage COPD) is related to active service.,The Board finds that prostate cancer and its residuals were incurred in active service as due to in-service ionizing radiation exposure. The evidence is in relative equipoise as to whether the Veteran's in-service asbestos exposure caused his COPD.

The Veteran's prostate cancer and chronic prostatitis were not service-connected.,The Veteran died due to acute cardiorespiratory arrest and bilateral bronchopneumonia.

The Board has remanded the claims for additional development due to inadequate VA medical opinions and other procedural issues.

The Veteran's claim for increased SMC based on need for higher level of aid and attendance is denied as he does not meet the criteria for receiving SMC at the maximum rate under 38 U.S.C.A. § 1114(o).

The Board has remanded the case due to issues related to service connection for various conditions, including prostate cancer, asthma, emphysema, intestinal polyps with blood, lung cancer, and silicosis. The appeal is being returned to the AOJ for further development.

The Board has determined that the Veteran's prostate cancer and erectile dysfunction did not manifest during service or within one year of discharge, and there is no evidence of herbicide agent exposure. Therefore, service connection for these conditions cannot be granted.

The Veteran's prostate cancer is granted as service-connected due to exposure to herbicide agents, specifically Agent Orange, during his service in Thailand.

The Veteran's appeal for an increased rating for PTSD has been withdrawn by his representative. The Board also notes that additional medical records are needed to consider the Veteran's claims of increased ratings for prostate cancer, diabetes mellitus, and peripheral neuropathy.

The Board has determined that additional development is needed for the Veteran's claims of service connection for prostate cancer and erectile dysfunction, as well as his claim for TDIU. This includes obtaining private treatment records, providing addendum opinions from VA examiners, and completing development of the TDIU claim.

The Board finds that the reduction in the disability rating for prostate cancer residuals effective February 1, 2010 was proper based on evidence showing no urinary dysfunction or infections requiring special treatment.

The Veteran's prostate cancer required the use of absorbent materials which needed to be changed more than 2 times a day from February 26, 2010, to March 10, 2011. Since March 11, 2011, he has required absorbent materials changing more than 4 times a day.

The Board has remanded the issues of service connection for diabetes mellitus, hypertension, peripheral neuropathy of the lower extremities, a sleep disorder, and increased rating for prostate cancer residuals due to new evidence and factual findings.

The Board has determined that the reduction of the Veteran's prostate cancer rating from 100% to 40% was proper. The Veteran is entitled to a TDIU beginning November 1, 2009.

The Veteran's bladder cancer is related to his military service, but his prostate cancer and recurrent kidney infections are not. The Veteran withdrew his appeal for an increased initial rating for service-connected recurrent kidney infections.

The Board found that the reduction of the disability rating for prostate cancer residuals from 100 percent to 40 percent, effective June 1, 2012, was proper.

The Veteran's claim for an earlier effective date for TDIU was denied as he had been gainfully employed prior to June 10, 2005 and the evidence did not establish that his service-connected disabilities alone rendered him unable to secure or maintain a substantially gainful occupation.

The Veteran's prostate cancer is granted as service connected due to exposure to herbicides during his active duty at Rickenbacker Air Force Base.

The Veteran's appeal for an increased rating for PTSD has been granted, and the issue is dismissed due to a complete grant of benefits.

The Veteran's prostate cancer was not found to be related to his service or exposure to ionizing radiation, and the claim for service connection was denied.