Prostate cancer decisions — 2018

The Board denied an earlier effective date for the grant of service connection for prostate cancer and also denied restoration of a 100% rating for prostate cancer. The Veteran's prostate cancer was rated under Diagnostic Code 7528, which provides that following cessation of treatment, the rating of 100% shall continue with a mandatory VA examination at six months. The RO reduced the rating from 100% to 40% effective May 1, 2018.

The Board has reopened the Veteran's previously denied claims for service connection for prostate cancer, chronic lymphocytic leukemia, thyroid cancer, and diabetes mellitus type II due to herbicide exposure. The claims are remanded as new evidence does not establish herbicide exposure during service.

The Veteran withdrew his appeal for higher staged initial ratings for residuals of prostate cancer with voiding and erectile dysfunction.

The Board has remanded the cases due to insufficient medical opinions regarding the Veteran's heart disorder and prostate cancer, specifically related to his in-service exposure to burn pits.

The Board has remanded the case due to the need for additional evidence and an addendum opinion regarding the Veteran's service-connected disabilities and their impact on his employability.

The Veteran's prostate cancer residuals are rated at 60 percent, and the Board has remanded for further action on his claim of increased disability rating.

The Veteran's claims for service connection for diabetes mellitus, type II and prostate cancer are granted due to presumed exposure to herbicides during service. Service connection is also granted for bilateral peripheral neuropathy of the lower extremities associated with diabetes mellitus, type II, and erectile dysfunction as secondary to his service-connected diabetes.

The Veteran's prostate cancer is granted as service connected due to herbicide exposure during his service in the Republic of Vietnam.

The Board has not provided substantial compliance with the May 2014 remand directives regarding the issue of entitlement to service connection for the Veteran's cause of death. As such, another remand is required.

The Veteran's service-connected disabilities have prevented him from obtaining or maintaining substantially gainful employment since May 20, 2013. The Board has referred the issue of TDIU prior to May 20, 2013 for extraschedular consideration.

The Board has decided that the Veteran's claims for increased ratings and TDIU are not ready for decision due to a lack of recent medical examinations. The case is being sent back for these exams.

The Board found that the reduction of the Veteran's disability rating for prostate cancer from 100 percent to 40 percent effective May 1, 2016 was proper based on the evidence showing no active treatment and remission of the condition.

The Veteran's prostate cancer residuals are rated at 10 percent before September 19, 2016 and at 20 percent thereafter. His erectile dysfunction is not service-connected.

Service connection is granted for prostate cancer, chronic lymphocytic leukemia, and Non-Hodgkin’s lymphoma due to exposure to herbicide agents in service.,Service connection is denied for tinnitus as it is not shown to be related to service.

The Board has remanded the claims due to a need for an addendum opinion regarding the etiology of the Veteran's squamous cell carcinoma of the larynx and prostate cancer, as the June 2017 VHA examiner failed to discuss the medical literature submitted by the Veteran.

The Veteran's prostate cancer residuals are currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on his symptoms.

The Board denied service connection for diabetes, a heart disorder, prostate cancer, hypertension, hypothyroidism (claimed as obesity), and cataracts due to lack of in-service herbicide agent exposure and failure to establish a nexus between the conditions and service.

The Veteran's headaches are not rated higher than 30 percent, as they do not meet the criteria for a more severe rating.,The Veteran does not have hearing loss that meets VA disability criteria and thus service connection is denied.,The Veteran does not have a diagnosed cranial nerve disability. His reported numbness of the face is considered part of his headaches.,Service connection for prostate cancer or erectile dysfunction, both associated with herbicide exposure, are denied as there was no evidence of such exposure in service and no current condition found to be caused by it.,The Veteran's erectile dysfunction is not secondary to any service-connected disability.

The Veteran's prostate cancer disability was reduced from a 100% rating to a 60% rating, but the Board found this reduction improper and restored the original 100% rating.

The Veteran's cause of death, a self-inflicted gunshot wound to the chest, is deemed service-connected due to his service-connected multiple myeloma and prostate cancer. The Board finds that the Veteran committed suicide to escape the pain caused by these conditions.