Prostate cancer decisions — 2017

The Veteran's claim for TDIU is being remanded due to the need for additional medical opinions and records from Social Security Administration.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation since August 4, 2010. The Board has granted a TDIU effective from that date.

The Board has determined that the Veteran does not have a current diagnosis of prostate cancer and finds no evidence to support a relationship between his BPH and exposure to herbicide agents in service. As such, the claim for service connection is denied.

The Board found that the attorney fees at the 20 percent rate in the calculated amount of $14,676.81 resulting from the recalculation of past-due benefits for the award of service connection for prostate cancer are not reasonable and denied the claim.

The Veteran died of non-service-connected causes and the appellant is entitled to NSC burial benefits. The issue regarding NSC death pension benefits will be remanded for further development.

The Veteran's service-connected residuals of prostate cancer have been rated at a maximum 60 percent, effective June 1, 2014. The Board has granted this rating as the evidence is in equipoise regarding whether or not the Veteran requires an appliance or absorbent materials which must be changed more than four times per day due to voiding dysfunction.

The Board found that the Veteran's hypertension did not contribute to his death and there was no evidence of herbicide exposure. Therefore, service connection for cause of death was denied.

The Veteran does not have an additional disability resulting from VA's delay in diagnosing and treating his prostate cancer, so he is denied compensation under 38 U.S.C.A. § 1151.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and the criteria for a TDIU are not met.

The Veteran's colon cancer and prostate cancer are not shown to be causally or etiologically related to his active service, including exposure to contaminated water at Camp Lejeune.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are at least as likely as not related to his active duty service. The claims for prostate cancer, diabetes mellitus, and coronary artery disease have been remanded due to insufficient evidence regarding their etiology.

The Veteran has effectively lost use of his lower extremities due to service-connected Parkinson's disease, and is therefore eligible for specially adapted housing. The claims for service connection for diverticulitis and an earlier effective date for Parkinson's disease have been withdrawn by the Veteran.

The Veteran's appeal is being remanded to the Agency of Original Jurisdiction (AOJ) for further development. The AOJ will schedule a videoconference hearing before the Board at the earliest opportunity.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment consistent with his education and occupational background.

The Veteran's prostate cancer is found to be due to his exposure to Agent Orange or other herbicides in Vietnam, and service connection for this condition is granted.

The Veteran's sinusitis with allergic rhinitis is currently rated at 30 percent, effective May 31, 2013. The Board finds that the evidence does not meet or more nearly reflect the criteria for a higher rating prior to this date.

The Veteran's prostate cancer residuals do not meet the criteria for a rating in excess of 20 percent from August 1, 2011 to December 10, 2014, and 40 percent disabling from December 11, 2014. The reduction in rating was proper as there is no active prostate cancer.

The Veteran's rating for prostate cancer was reduced from 100% to 20%, effective November 1, 2010. The Board found that a higher rating is not warranted and denied the Veteran's claims for increased ratings and SMC at the housebound rate.

The Veteran's death was not caused by a service-connected disability, and the appellant does not meet the income requirements for DIC under 38 U.S.C.A. § 1318 or death pension benefits.

The evidence does not support a finding of significant exposure to ionizing radiation during service, and prostate cancer did not manifest within the first post-service year. The Board finds that there is no competent evidence linking the Veteran's prostate cancer to his in-service exposure.