Prostate cancer decisions — 2017

The Veteran's claims for service connection are being remanded due to the need for further development regarding his exposure to carbon tetrachloride and ionizing radiation during service.

The Board denied the Veteran's claim for service connection for prostate cancer as due to Agent Orange exposure, finding no evidence of in-service exposure or a link between his current condition and his military service.

The Veteran's claims for increased ratings for PTSD and voiding dysfunction as a residual of prostate cancer were denied due to his failure to report for necessary VA examinations.

The Veteran's prostate cancer residuals were rated at 60 percent from November 1, 2013 to February 6, 2015. The rating was granted based on the criteria for voiding dysfunction due to prostate cancer treatment.

The Board denied the Veteran's claims for service connection for diabetes mellitus type II, prostate cancer, hypertension, ischemic heart disease, and emphysema based on herbicide exposure. The evidence did not support the Veteran's claim of in-country service near or within the DMZ.

The Veteran's disability rating for prostate cancer residuals was reduced from 100% to 20%, effective May 1, 2014. The Board found the reduction proper based on improvement in his condition. Effective May 1, 2014, but not earlier, a 40% rating is assigned for residuals of prostate cancer.

The Board found that the reduction of the Veteran's prostate cancer disability rating from 40% to 20% was improper and restored the original 40% rating. The Veteran's diabetes mellitus, type II, is rated at 20%, which the Board determined insufficient for a higher rating based on his symptoms.

The Veteran has withdrawn his appeals regarding the ratings for prostate cancer and bilateral hearing loss, citing previous requests to withdraw. As a result, there are no issues remaining for appellate consideration.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further action.

The Board has determined that the Veteran's prostate cancer is not related to his service, including as a result of herbicide exposure. As such, the claim for service connection is denied.

The Board has remanded the Veteran's claims for further development, including verification of herbicide exposure and an opinion from a toxicologist regarding Agent Orange exposure. The case is now back before the Board.

The Board has determined that the reduction of the Veteran's disability rating for prostate cancer from 100 percent to 40 percent was proper based on the evidence showing remission and no current treatment.

The VA examiners determined that the Veteran's prostate cancer is not caused or aggravated by his service-connected prostatitis with history of cystitis, and thus denied service connection for prostate cancer.

The Veteran's residuals of prostate cancer, beginning January 1, 2015, are manifested by voiding dysfunction with daytime voiding every one to two hours and awakening to void three to four times per night. The Veteran requires the use of absorbent materials that must be changed two to four times a day.

The Board finds that the reduction of the Veteran's disability rating for prostate cancer from 100 percent to 40 percent was proper based on evidence showing improvement in his voiding dysfunction and urinary frequency.

The Veteran's prostate cancer was not found to be related to service, including exposure to ionizing radiation. The claim for service connection is denied.

The Veteran's disability rating for residuals of prostate cancer is increased to 60 percent effective April 25, 2013. The condition required the use of absorbent materials which must be changed more than four times per day.

The Veteran's prostate cancer with radical retropubic prostatectomy is currently rated at 60 percent, the highest possible under DC 7528. The VA examiner found that the condition has not been active since July 1, 2009 and there is no evidence of recurrence or metastasis.

The Board has determined that the discontinuance of the 100 percent evaluation for prostate cancer was proper, and that a higher evaluation is not warranted. The Veteran's TDIU claim has been granted due to his service-connected disabilities.

The Veteran's reduction from a 100 percent disability rating to a 60 percent disability rating for service-connected residuals, status post TURBT from prostate cancer with metastasis to the bladder was proper. The appeal regarding higher evaluation and separate compensable rating for fecal incontinence is denied.