Prostate cancer decisions — 2019

The Veteran's claim for service connection for major depressive disorder was granted effective January 7, 2016. The date entitlement arose for this condition is determined to be 2003.

The Board denied service connection for the cause of the Veteran’s death, finding that his service-connected PTSD and asbestos-related pulmonary disease were not contributory causes of his death. The preponderance of evidence did not support a finding that these conditions caused or aggravated his death.

The Veteran's service-connected disabilities, including prostate cancer and PTSD, do not preclude him from securing or following substantially gainful employment.

The Veteran's prostate cancer residuals were rated at 40 percent from April 27, 2012 to December 20, 2015. From December 21, 2015 onwards, the rating was increased to 60 percent due to an increase in frequency of changing absorbent materials.

The Board found that the reduction of the disability rating for prostate cancer from 100 percent to 60 percent, effective November 1, 2013, was proper.

The Veteran's diabetes and heart disease are being remanded for further evaluation, while his TDIU is granted. The case will also be referred to the Director of Compensation Service for consideration of an extraschedular rating for diabetes.

The Veteran's prostate cancer was initially granted on a presumptive basis, but he now contends that his cancer has not been in remission and that his postoperative residuals should result in a higher rating. The case is being remanded for further development of the evidence and a new examination.

The reduction from a 100% rating to a 60% rating for prostate cancer status post-prostatectomy was improper due to the lack of consideration of the provisions in 38 C.F.R. § 3.344.

The Board has remanded the claims for prostate cancer, tinea pedis (claimed as fungus), diabetes mellitus type II, left foot disorder, right foot disorder, and glaucoma due to potential service connection issues.

The Veteran's appeals were dismissed due to his death. The issues on appeal are related to a reduction in disability rating, service connection for erectile dysfunction, and SMC based on the need for aid and attendance.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to toxic chemicals, specifically herbicides and other substances like dioxins, heavy metals, pesticides, agrichemicals, and PCBs. The Veteran served in Okinawa, Japan, during Operation Red Hat where he was exposed to these materials.

The Veteran's hypertension, coronary artery disease (CAD), prostate cancer, diabetes mellitus, type II, bilateral upper and lower extremity peripheral neuropathy, and acquired psychiatric disorder were not found to be related to service or herbicide exposure.,Service connection was denied for all claimed conditions.

The Veteran's service-connected conditions, including diabetic neuropathy with hypertension, diabetes mellitus with status post bilateral cataract removal, and prostate cancer with impotence, urinary incontinence and urinary tract infections are being remanded for further evaluation.

The Veteran's claims for service connection for prostate cancer and Type II diabetes mellitus were denied as new evidence did not relate to a previously unestablished fact necessary to substantiate the claims, and there was no qualifying active military service in Vietnam or herbicide exposure.

The Board has remanded the claims of service connection for hearing loss, tinnitus, COPD, heart condition, prostate cancer, and diabetes mellitus, type II due to incomplete records and potential exposure to environmental chemicals during service.

The Veteran's initial compensable disability rating for the residual prostate cancer surgical scar is denied.,The Veteran's residuals of prostate cancer are rated at 60 percent, which is the highest available based on voiding dysfunction. A higher rating in excess of 60 percent is not warranted.,The Veteran’s ED is currently rated noncompensable and he has been awarded a special monthly compensation (SMC) for loss of use of a creative organ. No compensable rating for ED is granted.,The Veteran's TDIU claim is granted, as his service-connected disabilities precluded him from following and maintaining substantially gainful employment.

The Veteran's prostate cancer with scars is currently rated at 40 percent, and the Board finds that a higher rating is not warranted as his symptoms are adequately contemplated by this rating.

The Board has remanded the claims for service connection for congestive heart failure, prostate cancer residuals, essential tremor, and epilepsy due to potential toxin exposure at Fort McClellan during service. A VA examination is needed to determine if these conditions are related to such exposures.

The Veteran's prostate cancer and diabetes mellitus were not shown to be related to service, including exposure to herbicides. The Board found that the evidence did not support a finding of actual in-service exposure to herbicide agents.,The Veteran's sickle cell trait was determined to be a congenital defect without any superimposed disease or injury during service.

The Veteran requested to withdraw his appeal regarding the permanent and total rating for service-connected prostate cancer.