Prostate cancer decisions — 2020

The Board dismissed the appeals for service connection for various conditions due to the appellant's death.

The Veteran's prostate cancer is being remanded to determine if his service aboard the U.S.S. Halsey qualifies him for presumptive service connection under the Blue Water Navy Vietnam Veterans Act of 2019.

The Board dismissed the appeal as to the propriety of a June 2016 rating decision that reduced the rating for prostatic adenocarcinoma (i.e., prostate cancer), status post brachytherapy, from 100 percent to noncompensable and the propriety of the June 2016 rating decision in discontinuing Special Monthly Compensation (SMC).

The Board has remanded the claims for service connection due to a lack of evidence regarding herbicide agent exposure in Thailand and Guam. The Veteran is asked to provide more details about his alleged exposures.

The Board has determined that new evidence supports the need for readjudication of claims for service connection for PTSD, coronary artery disease, and prostate cancer. The Veteran's exposure to herbicides in Thailand is presumed, which allows for presumptive service connection for these conditions.

The Veteran's claim for a compensable disability rating for residuals of prostate cancer effective December 21, 2011 is remanded due to the need for further development regarding his contention that he was never in remission and his therapeutic treatment never ceased.

The Veteran's PTSD is rated at 70 percent, effective December 2019. He also receives a TDIU and SMC for prostate cancer.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the Veteran's claims for service connection. The claims are being remanded due to conflicting medical records regarding the nature of his right leg disability, and the need to establish a direct relationship between herbicide exposure and his IBS, chloracne, prostate cancer, and hypertension.

The Veteran's disability rating for prostate cancer was increased from 40% to 60%, effective February 1, 2020. The decision also discontinued the 100% rating for prostate cancer.

The Board denied the Veteran's requests for earlier effective dates for service connection of coronary artery disease, prostate cancer residuals, and a surgical scar. The effective date was set at September 28, 2017.

The Board has granted the reopening of previously denied claims for service connection for prostate cancer and diabetes mellitus, type II, both presumed to be related to herbicide exposure during service. The conditions are now considered service-connected.

The Veteran's appeal for reinstatement of the 100 percent rating for prostate cancer under Diagnostic Code 7528 from April 1, 2015 was denied. The Veteran's appeal for a 40 percent rating for the residuals of prostate cancer, effective April 1, 2015, was granted.

The Board denied restoration of service connection for prostate cancer and erectile dysfunction due to clear and unmistakable error in the original grant of these conditions.

The Board has granted a 10 percent additional rating for abdominal pain associated with prostate cancer residuals, bringing the total evaluation to 70 percent. The issue of entitlement to TDIU is remanded.

The Board has remanded the Veteran's claim for service connection for prostate cancer, to include as a result of exposure to radiation. The AOJ is instructed to obtain a dose estimate from the Under Secretary for Health and determine if there is at least as likely as not that the Veteran's prostate cancer resulted from his alleged exposure to ionizing radiation during service.

The Board dismissed the appeals for service connection for prostate cancer and an increased rating for eversion of eyelid due to the Veteran's death.

The Veteran's TDIU claim was denied because his service-connected disabilities, including prostate cancer, sleep apnea with COPD, and erectile dysfunction, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's prostate cancer residuals are rated at 60 percent, the highest schedular rating available for voiding dysfunction.,The Veteran is not found to be unemployable due to his service-connected disabilities.

The Board has dismissed all issues related to the Veteran's claims for various conditions, including prostate cancer, hepatitis C, cirrhosis of the liver, valvular heart disease, asthma, and bilateral hearing loss. The appeal is dismissed due to the death of the appellant.