Prostate cancer decisions — 2021

The Board has granted service connection for prostate cancer on a presumptive basis due to exposure to herbicide Agent Orange during the Veteran's service in Korea.

The Board has remanded the Veteran's claims for service connection for erectile dysfunction as secondary to his service-connected disabilities, including medication, and for special monthly compensation based on a higher need for aid and attendance. The case is being returned to the VA for further examination and analysis.

The Veteran's claim for service connection for prostate cancer due to herbicide exposure is granted. The claim for skin cancer due to herbicide exposure is remanded as the VA has not provided a medical opinion on its etiology.

The Veteran's prostate cancer and erectile dysfunction were not incurred in or related to his active service.,His respiratory condition was also not incurred in or related to his active service.

The Veteran's prostate cancer residuals are currently rated at 60 percent, the highest schedular rating available for voiding dysfunction. The Board found that his symptoms were adequately contemplated by the current rating and did not warrant an extraschedular evaluation.

The Veteran's service connection for diabetes mellitus is granted. Service connection for prostate cancer, urinary frequency and incontinence (secondary to prostate cancer), and cataracts (secondary to diabetes) are denied.

The Veteran's appeal for increased ratings for prostate cancer residuals and TDIU is being remanded due to the need for additional medical opinions regarding the etiology of his symptoms.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and scheduling examinations to assess his PTSD, prostate cancer residuals, right thumb infection with arthritis and need for reconstruction, erectile dysfunction, scar associated with right thumb infection, and sleep apnea. The issues of entitlement to service connection for PTSD, prostate cancer residuals, right thumb infection with arthritis and need for reconstruction, erectile dysfunction, scar associated with right thumb infection, and sleep apnea are all remanded.

The Board has decided to remand the case due to inadequate opinion in the previous VA examination, and a new addendum opinion is required.

The Veteran's claims for service connection for soft tissue sarcoma, respiratory cancer, prostate cancer, and multiple melanoma are dismissed. The rating in excess of 10 percent for diabetes mellitus is denied. Service connection for erectile dysfunction is also denied.

The Board has denied service connection for prostate cancer, heart disability, and hypertension as the evidence does not support a finding of direct service connection. The Veteran's exposure to herbicide agents is not established, and there is no indication that his current conditions are related to his military service.

The Board has determined that the evidence is in equipoise, and thus grants service connection for prostate cancer to include as due to Camp Lejeune service.

The Board has found that the Veteran's active-duty service included visitation within the Republic of Vietnam, and therefore presumes exposure to herbicide agents. As a result, the claim for service connection for prostate cancer is granted.

The Board has remanded the claims for a TDIU and SMC due to incomplete compliance with previous remands. The appeals continue as the appellant has not expressed a desire to abandon these claims.

The Board has granted a TDIU for the period from January 18, 2008 to August 9, 2009 based on the Veteran's service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Veteran's prostate cancer and resulting erectile dysfunction are granted service connection. The Veteran's brain tumor, loss of smell, and loss of taste are remanded for further examination.

The Veteran's prostate cancer, which was initially rated at 100% prior to February 10, 2020 and then reduced to 20%, is now rated at 60% effective February 10, 2020. The rating reduction from 20% to 40% is based on the Veteran's voiding dysfunction which required absorbent materials changed more than four times per day.

The Veteran's prostate cancer residuals are rated at 40 percent since December 2, 2016. The appeal is denied as the evidence does not support a higher rating.

The Veteran's claim for a higher rating for residuals of prostate cancer prior to October 17, 2016, and in excess of 60 percent thereafter was denied. The Board found that the severity of his residuals did not warrant a higher rating at any time during the pendency of the appeal.

The Veteran seeks earlier effective dates for TDIU and DEA benefits. The Board has awarded an effective date of December 31, 2009 for the award of a schedular TDIU.,VA policy is to grant a TDIU in all cases where service-connected disabilities preclude gainful employment, regardless of the percentage evaluations. However, the Veteran's claim must be referred to VA’s Director of Compensation Services for consideration on an extraschedular basis.