Prostate cancer decisions — 2020

The Board denied the Veteran's request to restore a 100% rating for prostate cancer residuals from December 1, 2014, finding that there was no material improvement in his disability and that he did not meet the criteria for a higher rating.

The Board denied service connection for prostate cancer and diabetes mellitus type II, finding no evidence of herbicide exposure or a link to service.

The Board has remanded the Veteran's claims for service connection due to exposure to contaminated drinking water at Camp Lejeune, as well as his claims for erectile dysfunction and bladder disability (claimed as frequent urination) secondary to prostate cancer. The case is being returned for further development.

The Veteran's claims for prostate cancer, bilateral knee disability, and right elbow disability have been dismissed due to his death.

The Board has remanded the claims for service connection due to herbicide exposure, as it is unclear whether the Veteran served within the 12 nautical mile territorial sea of Vietnam during his military service. Additional information from the U.S. Army Joint Services Records Research Center (JSRRC) is needed.

The Board denied service connection for the cause of death due to esophageal cancer, finding that there was no evidence linking it to service. The prostate cancer is not considered a contributing factor in the Veteran's death.

The Veteran's appeal is remanded due to a duty to assist error. A VA examination is needed to determine the severity of his service-connected residuals of prostate cancer status post prostatectomy with urinary incontinence.

The Board has determined that the reduction of the Veteran's prostate cancer rating from 100% to 40% effective July 1, 2020 was proper based on evidence showing no active malignancy and stable residuals.

The Veteran's claim for an increased rating for residuals of prostate cancer with posterior urethral stricture and urinary urgency is denied as the evidence does not support a higher rating based on current or pre-existing conditions.

The Veteran's bladder cancer and residual scarring as secondary to bladder cancer are remanded for further examination. The Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 due to prostatectomy is also remanded.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as his combined disability rating did not meet the schedular criteria for TDIU, and there is no evidence showing he could not secure or follow substantially gainful employment.

The Board has granted service connection for coronary artery disease, lung cancer, and prostate cancer. Service connection for skin cancer due to herbicide exposure is denied.

The Board has remanded the case due to an unresolved issue regarding the reduction of the Veteran's prostate cancer rating. The TDIU claim will be readjudicated after this issue is resolved.

The Veteran's combined service-connected disabilities meet the schedular percentage criteria for a TDIU, and his age and prior employment as a letter carrier prevent him from securing or following substantially gainful employment.

The Board has granted service connection for prostate cancer, finding that the Veteran was exposed to herbicide agents during his service in Thailand and thus meeting the criteria for presumptive service connection.

The Board denied service connection for hypertension, kidney failure, prostate cancer, and diabetes mellitus, type 2, all of which were presumed to be related to exposure at Camp Lejeune. The claims were based on presumptive exposure under the provisions of 38 C.F.R. § 3.307(a)(7).

The Veteran's service-connected disabilities, alone or the combined effects of all service-connected conditions, do not render him unemployable for the period prior to March 31, 2017. The Board finds that TDIU is not warranted in this case.

The Veteran's service-connected disabilities preclude substantially gainful employment beginning July 6, 2012. The Board has granted TDIU for this period.

The Veteran's claim for a disability rating in excess of 60 percent for prostate cancer, status post radiation and hormonal therapy with residual radiation cystitis and radical cystectomy, status post bladder cancer, and urethral stricture is denied. The case is remanded for referral to the Director, Compensation Service for extraschedular consideration due to persistent symptoms requiring an appliance or absorbent materials changed more than four times per day. Additionally, entitlement to SMC and TDIU are also remanded.

The Veteran's service connection claim for prostate cancer is granted due to the presumption of exposure to herbicide agents, as he set foot in Vietnam during his military service.