Prostate cancer decisions — 2019

The Board has remanded the Veteran's claims for service connection for prostate cancer and peripheral neuropathy of the left lower extremity due to exposure to herbicide agents, including 2,4-D; 2,4,5-T and its contaminant TCDD; cacodylic acid; and picloram. More information is needed before a decision can be made.

The Board has decided to remand the case due to the need for further development and review of evidence regarding whether VA's care caused the Veteran's death by suicide.

The Board denied service connection for the cause of the Veteran’s death and denied death benefits under 38 U.S.C. § 1318, finding that there was no evidence to support a causal relationship between his service-connected conditions and his death.

The Veteran's migraine headaches are rated at 50 percent throughout the claim period.,Service connection is granted for a neck disability, chronic bronchitis, prostate cancer, and right and left knee disabilities. The acquired psychiatric disorder, GERD, groin disability, and service connection claims remain pending.,An increased rating of 50 percent for migraine headaches is granted. Service connection for the neck disability, chronic bronchitis, prostate cancer, and right and left knee disabilities are granted. The acquired psychiatric disorder, GERD, and groin disability claims are remanded.

The Veteran's bilateral hearing loss and tinnitus were not service-connected as they first appeared decades after military service.,Bilateral pes planus was found to have existed prior to military service and did not worsen during service.

The Board has granted service connection for prostate cancer due to exposure to Agent Orange, as the Veteran served in Vietnam and his condition is presumed.

The Veteran's appeal is remanded to determine the nature and etiology of any current tongue cancer or its residuals. The service connection for tongue cancer will be evaluated based on new evidence.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence. However, the case is remanded as an addendum opinion is needed regarding whether the service-connected prostatitis contributed substantially or materially to the Veteran's prostate cancer and death.

The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.

The Veteran's service-connected prostate cancer did not cause or contribute to his death. The Board found that the Veteran's cirrhosis, hepatitis C, and hepatocellular carcinoma were not related to his military service, including exposure to herbicides. Therefore, service connection for the cause of death was denied.

The Board denied the Veteran's request to restore a 100 percent rating for residuals of prostate cancer from November 1, 2019, finding that there was no current disability associated with the condition and thus not meeting the criteria for restoration.

The Veteran's prostate cancer was not shown in service, is not presumed to be related to service, and is not etiologically related to service. Therefore, the claim for service connection is denied.

The Veteran's bilateral hearing loss is granted service connection. The claims for prostate cancer and coronary artery disease (claimed as heart condition) due to radiation exposure are remanded.

The Board has remanded the Veteran's claims for service connection for prostate cancer and diabetes mellitus type II due to his alleged herbicide exposure while serving in Vietnam. The decision notes that further verification is needed regarding whether the Veteran served within the 12 nautical mile territorial sea of Vietnam, as well as obtaining VA treatment records.

The Board has dismissed the Veteran's appeals for service connection for asthma, neck disability, left knee disability, right knee disability, diabetes mellitus, and residuals of prostate cancer as he withdrew his appeal prior to a decision being made.

The Board has granted a higher rating of 60 percent for residuals of prostate cancer, effective since June 1, 2013. The Veteran's voiding dysfunction requires the use of absorbent materials which must be changed more than four times per day.

The Veteran's appeal for service connection for an acquired psychiatric disorder, coronary artery disease, and prostate cancer has been dismissed. The issue of service connection for the acquired psychiatric disorder is dismissed due to the Veteran withdrawing from appellate status prior to a decision being made.

The Veteran's cause of death is attributed to prostate cancer, which the Board found to be associated with herbicide exposure during service in Thailand. As a result, the claim for service connection for the cause of death is granted.

The Veteran's claims for service connection for diabetes mellitus, type II, prostate cancer, ischemic heart disease, right lower extremity diabetic neuropathy, and left lower extremity diabetic neuropathy are granted. The VA is directed to schedule the Veteran for examinations to determine if his hypertension, PTSD, sleep apnea, loss of teeth, pulmonary edema, and erectile dysfunction are related to his service-connected conditions.

The Board has decided to remand the claims for increased ratings for erectile dysfunction and prostate cancer residuals due to a lack of VA treatment records from November 2013 to December 2016, as well as ongoing medical records. A VA examination is also needed to clarify whether the Veteran's right testicle disability is related to his prostate cancer.