Prostate cancer decisions — 2022

The Veteran's service-connected disabilities, including prostate cancer, diabetes mellitus type II, peripheral neuropathy of the bilateral upper and lower extremities, tinnitus, erectile dysfunction, and left ear hearing loss, prevent him from securing and following a substantially gainful occupation. As his combined rating is at least 70 percent due to these conditions, he has been granted total disability evaluation based on individual unemployability (TDIU).

The Veteran's initial claims for higher ratings for prostate cancer and Von Willebrand disease were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point during the appeal period.

The Board has granted service connection for tinnitus. The issues of service connection for bilateral hearing loss and prostate cancer due to herbicide exposure are remanded for further development.

The Veteran's claim for a higher rating for prostate cancer residuals was denied. The RO reduced the rating from 100% to 60%, effective August 1, 2016, based on lack of active malignancy and no recurrence or metastasis.

The Veteran's anxiety disorder is rated at 70 percent since February 14, 2017. The appeal for a higher rating prior to that date remains pending.,Prostate cancer has not been assigned any disability rating by the VA. The issue of entitlement to a compensable rating is remanded due to incomplete information in the March 2020 examination report.,The Veteran's TDIU claim is also remanded as it is inextricably intertwined with the prostate cancer rating issue.

The Veteran's service connection claims for diabetes mellitus, type II and prostate cancer status post surgery are granted due to exposure to herbicide agents during his service in Thailand.

The Board has remanded the claims for SMC and DEA eligibility due to new evidence of need for aid and attendance/housebound status, as well as a need for earlier effective date determination.

The Veteran's prostate cancer rating was reduced from 100% to 40%, effective June 1, 2020. The reduction was improper and the 100% rating is restored.,Service connection for PTSD was granted with an effective date of April 11, 2012, but no earlier.,SMC pursuant to 38 U.S.C. § 1114(s) from June 1, 2020, is granted.,SMC due to loss of use of a creative organ from December 12, 2019, is denied.,An initial compensable rating for erectile dysfunction is granted and an effective date earlier than December 12, 2019 is sought.,A higher rating for type II diabetes mellitus is requested.

The Veteran's claim for an earlier effective date for prostate cancer status post radical prostatectomy is denied as the evidence does not support a finding of entitlement prior to August 15, 2017.

The Veteran withdrew his appeal for a higher evaluation of prostate cancer, and the Board dismissed the case as a result.

The Board has granted service connection for residuals of prostate cancer, but remanded the issue of service connection for chest pain due to lack of substantial compliance with previous remand instructions.

The Board has remanded the cases due to VA's failure to obtain a specific Department of the Army letter regarding herbicide use in Korea from 1962 to 1970. The Veteran must be notified and given an opportunity to provide such records.

The Board has remanded multiple issues for further development, including service connection claims and exposure to ionizing radiation or chemical agents. The Veteran's PTSD claim is remanded due to inadequate VA opinions. His psychiatric condition, migraine headaches, prostate cancer, erectile dysfunction, urinary condition, sleep apnea, and hypogonadism claims are also remanded.

The Board has granted the Veteran's claims for service connection for bladder cancer, prostate cancer, and diabetes mellitus type II due to their presumptive association with service in Thailand under the PACT Act.

The Veteran's claim for a higher rating for prostate cancer residuals was granted with an effective date of August 22, 2012. The issue of a compensable rating for erectile dysfunction is remanded.

The Board denied the Veteran's claims for service connection for prostate cancer and interstitial pulmonary fibrosis, finding no evidence linking these conditions to his active-duty service or herbicide exposure.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating from November 13, 2017 to May 31, 2022. The Board is remanding the issue of entitlement to an extraschedular TDIU rating for referral to the Director of Compensation Service.

The Veteran's claims for service connection for diabetes mellitus II, prostate disability (including prostate cancer), essential hypertension, ocular hypertension, kidney disease, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy have all been denied. The Board found that there is no evidence of in-service exposure to herbicide agents or any other event, injury, or disease related to the Veteran's claimed conditions.,The Board concluded that the Veteran did not meet the criteria for service connection as his claims are based on direct service connection and not on presumptive service connection due to exposure to herbicide agents.

The Veteran's prostate cancer, diabetes mellitus II, hypertension, erectile dysfunction, and peripheral neuropathy of the bilateral lower extremities are all granted as related to exposure to firefighting foam during service.

The Board has granted service connection for prostate cancer, finding that the Veteran was exposed to herbicide agents during his service on the USS America and that prostate cancer is related to this exposure.