Prostate cancer decisions — 2021

The Board has decided that additional research and development is needed to determine the Veteran's exposure to polychlorinated biphenyls (PCBs) and radiation while stationed at the U.S. Navy Northeast Cape, St. Lawrence Island Air Force station in Alaska.

The Board denied the Veteran's appeal to restore service connection for prostate cancer based on herbicide exposure, finding that the original grant was clearly and unmistakably erroneous due to lack of Vietnam service.

The Board has remanded the case for further development, including obtaining an addendum VA medical opinion to address service connection for the cause of death and other issues related to colon cancer and prostate cancer.

The Board has remanded the Veteran's claims for prostate cancer and colon cancer, as they are presumed to be related to exposure to contaminated water at Camp Lejeune. The Veteran needs additional medical opinions regarding whether his cancers are at least as likely as not caused by this exposure.

The Veteran's claim for an increased rating for tinnitus is denied as the maximum schedular rating has been assigned.,The Veteran's claims for effective dates earlier than December 23, 2015, for hearing loss and tinnitus are denied. The effective date of service connection was set at December 23, 2015, when the Veteran requested to reopen his prostate cancer claim.,The Veteran's claims for effective dates earlier than December 23, 2015, for tinnitus and hearing loss are denied as they were not filed prior to that date. The effective date of service connection was set at December 23, 2015, when the Veteran requested to reopen his prostate cancer claim.,The Veteran's claims for an earlier effective date for residuals of prostate cancer with urinary incontinence and erectile dysfunction are denied as there is no evidence that a claim was filed prior to December 23, 2015. The effective date of service connection was set at December 23, 2015.,The Veteran's claim for an initial compensable rating for hearing loss is remanded due to the need for a new VA examination.,The Veteran's claim for an initial rating in excess of 60 percent for residuals of prostate cancer is remanded as his symptoms have worsened since the last VA examination.

The Board has granted service connection for multiple sclerosis and bladder disorder, but denied service connection for Wegener’s granulomatosis. The claims of service connection for seizures and residuals of prostate cancer are remanded.

The Veteran's prostate cancer and the causes of his death (aspiration pneumonia, malignant spinal cord compression) are not service connected. The Board denied both claims due to lack of evidence linking these conditions to service.

The Veteran's claim for an initial rating in excess of 60 percent for residuals of prostate cancer since May 1, 2018, and for a compensable rating for erectile dysfunction is denied.

The Board has found that the Veteran had service in Guam and his prostate cancer may be related to his active service. However, VA's duty to assist requires a verification of his herbicide exposure and an appropriate examination if necessary.

The Veteran's claim for a higher rating for hypertension and TDIU was denied as the evidence did not show that his hypertension warranted a higher than 10 percent rating, nor did it demonstrate he could not secure or follow substantially gainful employment due to service-connected disabilities.

The Board has remanded the case due to uncertainty about the Veteran's exposure to ionizing radiation during his military service, and requests additional development including obtaining an assessment of the size and nature of any potential radiation dose.

The Veteran's TDIU claim was denied due to his failure to submit a completed VA Form 21-8940. The Board is remanding the case for another attempt to secure this form and any other necessary information.

The Veteran's service-connected disabilities, including diabetes mellitus and prostate cancer, caused his death. The Board has determined that the Veteran was in need of regular aid and attendance due to these conditions.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment prior to November 3, 2010. Therefore, the claim for TDIU prior to that date is denied.

The Board has granted service connection for a scar on the left elbow. The remaining issues of service connection are remanded due to lack of evidence regarding in-service exposure and other procedural matters.

The Board's decision granting service connection for prostate cancer was found to be clearly and unmistakably erroneous due to a misdiagnosis, resulting in the reversal of that decision.

The Veteran's claim for an earlier effective date for service connection of prostate cancer was denied as there is no indication that the Veteran had filed a formal or informal claim prior to October 21, 2011. The earliest effective date for this claim is therefore October 21, 2011.

The Veteran's service-connected disabilities did not render him unemployable prior to December 24, 2019.

Service connection for prostate cancer is granted on a presumptive basis due to herbicide exposure. The initial tinnitus rating remains at 10% and the Board finds no need for an extraschedular rating. Other issues related to tinnitus are remanded.

The Board found that the reduction of the Veteran's prostate cancer rating from 100% to 40%, effective August 1, 2016, was proper due to sustained improvement in his condition.