Prostate cancer decisions — 2018

The Board found that the Veteran's prostate cancer residuals with erectile dysfunction were properly reduced from a 100% to a 40% evaluation effective October 1, 2012. The evidence did not show continued active malignancy or recurrence of prostate cancer.

The Board has determined that the Veteran's death was not caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The appellant's claims for service connection and DIC benefits under 38 U.S.C. § 1151 have been denied.

The Veteran's claim for service connection and temporary 100 percent rating for prostate cancer residuals with asymptomatic surgical scar is denied as the effective date cannot be earlier than March 29, 2013.

The Veteran was granted service connection for prostate cancer and multiple myeloma due to herbicide exposure during his military service. However, he did not meet the criteria for service connection for a heart disability (IHD) related to herbicide exposure.

The Veteran's appeal for increased ratings for prostate cancer and erectile dysfunction has been dismissed due to the Veteran withdrawing his appeal for the initial rating in excess of 40 percent from September 1, 2009, and in excess of 60 percent from November 7, 2016, for residuals of prostate cancer, status post robotic prostatectomy.

The Veteran's appeals have been withdrawn due to his request for withdrawal of the appeal. As a result, there are no pending issues for further review.

The Veteran's TDIU claim was denied due to the evidence showing that he is able to secure and follow substantially gainful work. The RO granted service connection for additional disabilities during the pendency of this appeal, including prostate cancer residuals, erectile dysfunction, PTSD, mood disorder, diabetes, bilateral peripheral neuropathy of the upper and lower extremities, tinnitus, and left ear hearing loss. The Veteran has not received a VA examination to determine the functional impact that these additional service-connected disabilities have on his employment.

The Board has granted service connection for prostate cancer, bilateral lower extremity diabetic peripheral neuropathy, and left upper extremity diabetic peripheral neuropathy. These conditions are secondary to the appellant's service-connected diabetes mellitus.,The VA medical opinions provided conflicting dates of onset for the appellant's diabetes mellitus and diabetic peripheral neuropathy, but both agreed that the appellant's diabetes caused his diabetic peripheral neuropathy.

The Veteran's claim for service connection for prostate cancer is being remanded due to the need for additional research into his in-service herbicide agent exposure.

The Veteran is seeking service connection for prostate cancer residuals, claiming exposure to hazardous chemicals and toxins during active service. The case must be remanded as VA has not obtained all of the Veteran's private medical records.

The Board has denied the Veteran's claim for service connection for prostate cancer, finding that there is no evidence linking his current condition to his military service or exposure to contaminated water at Camp Lejeune.

The Board has granted service connection for diabetes mellitus and prostate cancer, finding that the Veteran was exposed to herbicides during his service in Thailand. The claims are now granted.

The Veteran's service-connected disabilities, including prostate cancer residuals and PTSD with depressive disorder NOS, have rendered him unable to secure or follow a substantially gainful occupation since August 1, 2010. A TDIU is granted effective as of that date.

The Veteran's prostate cancer and depression are being remanded for additional development to determine if they are related to his service-connected conditions or medications.

The Veteran's prostate cancer and bilateral hearing loss were not found to be related to service, including any exposure to ionizing radiation or zinc chromate. The claim for prostate cancer was denied as there is no evidence of a current disability that manifested in-service or within one year after separation from service. For the hearing loss claim, the Veteran's military duties did not include noise exposure and his hearing was normal at both entrance and exit physical examinations.

The Board has remanded the case due to incomplete radiation exposure records and a need for a new medical opinion considering the Veteran's full history of exposure.

The Veteran's prostate cancer is granted as service-connected due to herbicide exposure. The claim for Hepatitis C remains pending and will be remanded for additional development.

The Board has determined that additional development is needed for the claims regarding service connection for PTSD as a cause of death and determining the extent to which PTSD contributed to the Veteran's death. The case will be remanded for further action.

The Veteran's tinnitus is service-connected, and his prostate cancer residuals are rated at the maximum allowable under VA rating criteria. The reduction in rating for prostate cancer was proper.

The April 1999 rating decision incorrectly applied the law to grant service connection for prostate cancer effective December 11, 1997. The Board found that an earlier effective date of December 11, 1996 would have been appropriate based on the liberalizing change in VA law adding prostate cancer to the list of diseases eligible for presumptive service connection.