Prostate cancer decisions — 2020

The Veteran's prostate cancer was granted increased ratings of 40 percent effective June 29, 2016 and 60 percent effective May 23, 2018. The rating prior to that date is denied.

The Board has granted service connection for prostate cancer due to presumed exposure to herbicide agents during the Veteran's service in Vietnam. Service connection for peripheral neuropathy is remanded as there is insufficient evidence to determine its relationship to service.

The Veteran's appeal for an increased rating of prostate cancer residuals is dismissed. The Board also remanded the issues of entitlement to SMC at the housebound rate and a higher rating for PTSD with depressive disorder.

The Veteran's claims for prostate cancer, diabetes mellitus, type II, lung cancer, and related neuropathies have been granted. The Veteran's service-connected prostate cancer is presumed to be due to herbicide exposure during service.

The Board has denied the Veteran's claims for service connection for prostate cancer and plasmacytoma, both of which are related to exposure to contaminated water at Camp Lejeune. The VA medical opinions provided that these conditions were not caused by such exposure.

The Board has determined that the reduction of the rating for prostate cancer from 100 percent to 40 percent, effective April 1, 2013, was proper by operation of law under DC 7528. The Veteran's prostate cancer is in remission and his residuals do not require more than 2-4 changes per day of absorbent materials.

The Veteran's epilepsy is rated at 10 percent, and his prostate cancer residuals are rated at 20 percent. The Board denied the Veteran's claims for higher ratings.

The Veteran's prostate cancer residuals were rated at 20 percent prior to October 16, 2019.,After October 16, 2019, the Veteran's prostate cancer residuals have been rated at 40 percent.

The Board denied the Veteran's appeal because his timely substantive appeal was not received within 60 days of the September 2, 2014 Statement of the Case. The Board found that the VA did not receive a request for an extension and that the Veteran's Form 9 was untimely.

The Veteran's initial claim for a higher rating for bilateral hearing loss was denied, and the Board also found that his prostate cancer claim should be remanded due to insufficient evidence regarding exposure.,His hearing loss has been rated as noncompensable prior to April 30, 2018, and at 10 percent thereafter.

The Veteran's PTSD is rated at 70 percent from May 28, 2013. The TDIU claim for the period prior to February 26, 2014, is granted.

The Board has remanded the claim due to incomplete records and requests for private treatment records from a urologist.

The Veteran's prostate cancer is granted as service connected due to presumed exposure to herbicide agents in the Korean DMZ during his military service.

The Board has decided that additional development is needed for the Veteran's claims of service connection for prostate cancer, lung disorder, chloracne, and heart arrhythmia with pacemaker due to exposure to herbicides. The RO must determine if the Veteran served in the National Guard at Fort Chaffee from May 27, 1967, to June 10, 1967, and obtain any outstanding VA treatment records for further examination.

The Board has remanded the Veteran's claims for service connection for pancreatitis as secondary to his service-connected type 2 diabetes mellitus, an initial rating higher than 20 percent for type 2 diabetes mellitus, and an initial rating higher than 20 percent for the residuals of prostate cancer. The TDIU claim is also remanded.

The Board has withdrawn the claim for bad cholesterol and is remanding the claims for prostate cancer and hypertension, both secondary to herbicide exposure.

The Veteran's prostate cancer was not manifested during service and there is no credible evidence of a related disease or injury in service. The Board finds the medical opinion against the claim, thus denying service connection for prostate cancer.

The Board denied the Veteran's claim for service connection for prostate cancer, finding insufficient evidence to establish exposure to herbicide agents during his military service.

The Board denied the Veteran's requests for earlier effective dates for service connection and compensation awards, finding that no formal claim was filed within one year of his initial intent to file. The earliest effective date assigned is May 4, 2017.

The Board has granted service connection for prostate cancer, finding that the Veteran's exposure to herbicide agents during his service on the U.S.S. Midway qualifies him for presumptive service connection.