Prostate cancer decisions — 2019

The Board has remanded the claims for service connection for prostate cancer, skin disability, and respiratory disability (COPD) due to herbicide agent exposure during active service. The Veteran's military records indicate he was stationed at Fort Gordon where herbicide agent testing occurred from December 1966 to October 1967.

The Veteran's bilateral hearing loss is granted as service connection, with the decision finding that reasonable doubt was resolved in favor of the claimant.,Service connection for tinnitus has been restored from January 1, 2017. The Board found that severance of service connection was improper and that there was no clear and unmistakable error in granting service connection initially.,The Veteran's hypertension is denied as secondary to exposure to herbicide agents (PACT Act).,Service connection for prostate cancer is denied as secondary to exposure to herbicide agents (PACT Act).,Service connection for a liver disorder is denied as secondary to exposure to herbicide agents (PACT Act).,Service connection for anemia is withdrawn due to the Veteran's request.,Service connection for GERD is withdrawn due to the Veteran's request.

The Veteran's prostate cancer residuals are rated at 60 percent, and his erectile dysfunction is rated at 20 percent from July 13, 2019. The Veteran's claims for higher ratings were denied.

The Veteran's prostate cancer and diabetes mellitus, type II, are presumed to be due to his exposure to herbicide agents during service in Korea.

The Veteran withdrew his appeals for prostate cancer and increased disability ratings for diabetic neuropathy of the bilateral lower extremities before a decision was made.

The Board has determined that the Veteran's service-connected disabilities are at least in equipoise as to whether they result in loss of use of both feet and require aid and attendance due to PTSD alone, thus meeting the criteria for SMC under 38 U.S.C. § 1114 (o) and (r)(1).

The Veteran's initial claim for an evaluation in excess of 0 percent for erectile dysfunction was denied. The reduction of the disability rating for prostate cancer, status post cryotherapy, from 100 to 40 percent (subsequently increased to 60 percent) was found to be improper and void ab initio.

The Board has decided to remand the Veteran's claims for prostate cancer, ischemic heart disease, osteoarthritis of the left knee, and total right knee replacement along with osteoarthritis due to insufficient evidence or need for further examination.

The Board has reopened the claim of service connection for prostate cancer, but denied the claim as the preponderance of evidence is against finding that the Veteran's prostate cancer began during active service or is otherwise related to an in-service injury or disease.

The Board has remanded the claims for nephrolithiasis, left knee disability, right knee disability, residuals of bladder cancer, and residuals of prostate cancer due to incomplete service treatment records. Further development is needed including obtaining complete Coast Guard service records, scheduling a VA examination to determine if current kidney stones are related to in-service incidences, examining the nature and etiology of any diagnosed knee disabilities, and determining the etiology of the appellant's bladder and prostate cancer.

The Veteran's service-connected disabilities, including PTSD, hearing loss, prostate cancer, and erectile dysfunction, have rendered him unable to secure and follow a substantially gainful occupation since December 1, 2014. The Board has granted the TDIU effective from that date.

The Board has remanded several accrued benefits claims due to a need for evidence showing that the appellant, who is an adult daughter of the Veteran, was his dependent child at the time of his death. The appeals will be reconsidered based on this new information.

The Veteran's initial claim for a higher rating for prostate cancer residuals was granted, with an effective date of October 26, 2010. The Veteran also received an earlier effective date of October 26, 2009, for service connection for diabetes mellitus type II.,Since November 16, 2016, the Veteran is entitled to a 20% rating for his prostate cancer residuals.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to service-connected disabilities, specifically prostate cancer and erectile dysfunction. The remand requires obtaining private treatment records from a urologist and an addendum opinion regarding the severity of the Veteran's erectile dysfunction.

The Veteran's claim for a compensable rating for prostate cancer residuals is remanded due to inadequate VA examinations. A new examination is needed to determine the extent of voiding dysfunction and current severity of prostate cancer.

The Veteran's initial compensable rating for erectile dysfunction, associated with prostate cancer, is denied as there is no evidence of penile deformity.

The Board denied the claim for service connection for the cause of the Veteran’s death, finding that his death was not caused or proximately due to his service-connected disabilities.

The Board has determined that the Veteran's prostate cancer is presumed to have been incurred as a result of service due to exposure to herbicide agents in Vietnam, and thus grants his claim for service connection.

The Veteran's bilateral hearing loss is granted as service-connected.,An initial rating in excess of 60 percent for prostate cancer residuals is denied.

The Board has decided to remand the case due to new evidence submitted after the August 2012 SOC, and the appellant did not waive RO consideration of this evidence.