Prostate cancer decisions — 2017

The Board has decided to remand the case for further development and medical opinion regarding the cause of death, including whether service-connected conditions contributed to or caused the Veteran's cancer.

The Board found that the Veteran's prostate cancer did not have onset during active service, was not caused by active service, to include exposure to an herbicide agent, and did not manifest within one year of separation from active service. Therefore, the criteria for establishing service connection were not met.

The Veteran's prostate cancer is not service-connected due to lack of evidence linking it to his military service. The cause of death, respiratory failure and pneumonia with metastatic prostate cancer, is also not service-connected as there is no evidence that the prostate cancer was caused by herbicide exposure or any other in-service condition.

The Veteran's prostate cancer residuals, including urinary frequency and voiding dysfunction requiring absorbent materials changed more than four times per day, are rated at a 40 percent since June 23, 2010. Prior to that date, the condition was not service-connected or did not meet criteria for any rating.

The Veteran's prostate cancer is found to be as likely as not related to his active military service, and the claim for service connection is granted.

The Veteran's prostate cancer is service-connected due to herbicide exposure, but his hypertension and hand numbness are not service-connected.

The Veteran's prostate cancer is being remanded for further development, including verification of herbicide exposure and a VA examination to determine the relationship between his condition and service.

The Veteran's prostate cancer is not service-connected due to lack of evidence showing it was incurred during his period of active service or within a presumptive period. The Board finds no direct evidence linking the condition to service.

The Board found no evidence of a current diagnosis or in-service manifestation of the claimed conditions, and thus denied service connection for prostate cancer, heart condition, skin disorder, and type II diabetes mellitus.

The Board found that the reduction of the rating for prostate cancer from 100 percent to 10 percent effective April 1, 2011 was proper based on a VA examination showing improvement.

The Board found that the Veteran's prostate cancer is not related to his time in service, including exposure to herbicide agents or asbestos. As a result, the claim for service connection was denied.

The Veteran's service-connected acquired psychiatric disorder with depressive disorder is rated at 70 percent, effective from the date of decision. The Veteran's residuals of prostate cancer with impotence are rated at 40 percent, effective from August 25, 2015.

The Board has determined that the Veteran had service in Vietnam and is therefore presumed to have been exposed to herbicides. As a result, prostate cancer is granted as service-connected.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for a VA examination to assess the current severity of his service-connected post-treatment residuals of prostate cancer.

The Veteran has withdrawn his appeals regarding the issues of entitlement to service connection for hypertension and prostate cancer. As a result, these matters are dismissed.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further examinations. The issues include service connection for various conditions, a higher rating for his lumbar disability, and TDIU.

The Veteran's service-connected disabilities (prostate cancer, colitis, and sarcoidosis) do not render him unemployable as his education and occupational experience are sufficient to allow for substantially gainful employment.

The Veteran's appeal for an earlier effective date for prostate cancer service connection has been withdrawn.

The Veteran's appeal for a permanent and total (P&T) disability rating for prostate cancer prior to January 9, 2014, for the purpose of establishing eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 has been withdrawn.

The Board has granted service connection for PTSD with secondary alcohol dependence and cannabis abuse, prostate cancer, tinnitus, and ED effective October 18, 2011. The Veteran is currently rated at 50% for PTSD.