Prostate cancer decisions — 2019

The Veteran's combined service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that TDIU is warranted.

The Board denied the Veteran's appeals for restoration of a 100 percent rating for prostate cancer and SMC based on housebound status, finding that the procedural requirements were met but the evidence did not support continuation of the ratings.

The Veteran's service-connected disabilities were not rated as totally disabling until February 1998, less than eight years prior to his death. Therefore, the criteria for an increased amount of DIC benefits under 38 U.S.C. § 1311(a)(2) have not been met.

The Board has determined that the Veteran's prostate cancer is not related to his active service and denied his claim for service connection.

The Veteran's residuals of prostate cancer have been rated at a 20 percent since December 13, 2013. The rating is based on increased urinary frequency with daytime voiding interval between one and two hours and awakening to void three to four times per night.

The Board has restored service connection for erectile dysfunction, finding that the evidence is in equipoise as to whether it is secondary to the Veteran's service-connected prostate cancer.

The Board has dismissed the appeals for service connection of Parkinson's disease, prostate cancer, and skin cancer due to the Veteran's death.

The Board has remanded the claims for prostate cancer and erectile dysfunction due to service connection, as well as the TDIU claim. The RO is instructed to obtain additional medical records and complete development of the TDIU claim.

The Board has decided that a new VA examination is needed to assess the current severity of the Veteran's service-connected prostate cancer, as his last examination was almost 7 years ago and his disability picture may have changed.

The Veteran's claim for service connection for prostate cancer, claimed as the result of ionizing radiation exposure is remanded.,The issues of effective dates prior to May 5, 2017, for service connection for lumbosacral strain, right thumb injury residuals with distal interphalangeal and proximal interphalangeal joint arthritis, and left third finger laceration residuals are also remanded.

The Veteran's claim for service connection for tinnitus was denied as there is no evidence of a current disability.,Service connection for diabetes mellitus, hypertension, and prostate cancer were also denied due to lack of in-service onset or relationship to service.,Steal syndrome of the bilateral hands, an acquired psychiatric disorder, and sleep apnea were not granted service connection as they did not manifest during service or are not related to service.,The Veteran's claim for a higher rating for pseudofolliculitis barbae was denied as his condition does not cover at least 20% of his body or require systemic therapy.

The Board is remanding the case to verify if the Veteran served in the Republic of Vietnam during his service, as this could affect whether he was exposed to herbicides and thus potentially eligible for service connection.

The Veteran's prostate cancer, which he underwent a radical prostatectomy for, is granted as service connected due to exposure to herbicide agents during his time in Thailand.

The Veteran's cirrhosis of the liver is granted as secondary to service-connected PTSD with alcohol abuse disorder.,Service connection for prostate cancer and right hand disorders are denied.,Service connection for hypertension, residuals of frostbite, and headache disorder are remanded due to insufficient evidence.

The Veteran's claim for service connection for prostate cancer was denied as there is no evidence of a nexus between the disability and his active duty service.,The Veteran's claim for an increased rating for sinusitis prior to June 24, 2015 was denied because he did not experience any incapacitating or non-incapacitating episodes of sinusitis.,The Veteran's claim for an increased rating for sinusitis on and after June 24, 2015 was denied as the evidence does not show that his symptoms met the criteria for a 50% disability rating due to chronic osteomyelitis or near constant sinusitis with purulent discharge.,The Veteran's claim for an increased rating for asthma prior to October 26, 2015 was denied because he did not meet the criteria for a 60% disability rating based on his FEV-1 and FEV-1/FVC levels.

The Veteran's claim for service connection for prostate cancer and/or residuals is denied as he has not been shown to have had the disease at any time during his appeal period.

The Veteran's appeals for increased evaluations of his service-connected prostate status post radical prostatectomy and bladder cancer, diabetes mellitus, type II, bilateral lower extremity peripheral neuropathy, and bilateral upper extremity peripheral neuropathy and carpal tunnel syndrome were dismissed as the Veteran withdrew these claims during his April 2019 Board hearing.

The Board has denied the Veteran's appeals for severance of service connection for residuals of status post radical prostatectomy due to prostate cancer, erectile dysfunction, and discontinuance of SMC for loss of use of a creative organ. The appeal for a compensable rating for chronic prostatitis is remanded.

The Veteran's death was not service-connected due to the cause of metastatic kidney cancer, which is not a presumptive condition for exposure to herbicide agents.,The surviving spouse did not meet the criteria for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 as the Veteran was not continuously rated totally disabled for at least ten years immediately preceding death.

The Board has decided to remand the claims for tinea pedis, prostate cancer, and PTSD due to inadequate reasons and bases in the denial of these claims. The Veteran's contentions regarding his exposure during service are not considered by the VA examiners.