Prostate cancer decisions — 2017

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues on appeal except for entitlement to an increased rating of his low back disability. The claim for TDIU was raised in conjunction with this issue.

The Board has remanded the case for a hearing and further development due to the Veteran's request.

The Veteran's major depressive disorder is found to be secondary to his service-connected back disability. The Board denied the claims for paralysis agitans and prostate cancer as there was no evidence of a present disability.

The Veteran's prostate cancer is granted service connection based on exposure to herbicide agents during his service at Korat Royal Thai Air Force Base. The skin cancer claim is remanded for a VA examination and medical opinion regarding its relationship to military service, including sun exposure.

The Board dismissed the motion for revision of a June 2015 decision denying service connection for prostate cancer due to clear and unmistakable error (CUE) because the Court affirmed the June 2015 decision.

The Veteran's prostate cancer residuals have been rated based on voiding dysfunction, with a 40 percent rating from August 19, 2008 to April 18, 2010 and a 60 percent rating since April 19, 2010. The appeal for higher ratings is denied.

The Veteran's service-connected disabilities, including PTSD, cystic and chloracne of the face, neck and back, prostate cancer, moderately disfiguring scars of the face, residuals of acne, and a scar of the right hand, prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU based on these conditions.

The Veteran is seeking service connection for prostate cancer, which he claims was caused by exposure to herbicides during his tour of duty in Korea. The RO needs to obtain and review the Veteran's TDY orders from October 1962 to October 1963, including any orders related to the 8th Calvary Division that patrolled the DMZ. Additionally, they need to reconcile a July 2008 letter from CURR with VA's acknowledgment of herbicide use in Korea.

The Veteran's PTSD symptoms have been rated at 50 percent since May 13, 2008. Since August 16, 2012, the rating has increased to 70 percent.

The Veteran's prostate cancer, costochondritis, and diabetes are not considered to be caused by VA medical treatment. The Board found that the proximate cause of these disabilities was not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's claims for service connection for prostate cancer and erectile dysfunction are being remanded due to the need for additional development, including a VA examination.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board has remanded the case due to the need for updated examinations and an adequate opinion regarding the Veteran's prostate cancer residuals and bilateral hearing loss.

The Veteran's claim for service connection for prostate cancer was received by VA on March 28, 2012. The effective date of the grant of service connection is set at March 28, 2012.

The Board has found that the Veteran's claimed conditions are not related to his military service, including exposure to jet fuel and other chemicals. The preponderance of evidence does not support a finding that any of these conditions began in or were aggravated by active duty.

The Board has denied the Veteran's claims for service connection for residuals of prostate cancer and erectile dysfunction, finding that there is no evidence linking these conditions to his active military service.

The Board denied the Veteran's claims of service connection for prostate cancer, diabetes mellitus, and hypertension due to a lack of evidence linking these conditions to his military service or exposure to toxins at El Toro Marine Corp Air Station.

The Board has determined that the Veteran's type II diabetes mellitus, residuals of a stroke, and residuals of prostate cancer did not have their onset in active service or are otherwise related to service. The claims for these conditions were therefore denied.

The Board denied a compensable rating for erectile dysfunction associated with prostate cancer as there was no evidence of penile deformity, and the Veteran is already in receipt of special monthly compensation due to loss of use of a creative organ.