Prostate cancer decisions — 2023

The Board has granted service connection for prostate cancer and myasthenia gravis, finding that the Veteran's conditions are at least as likely as not related to his military service.

The Board has found that the development conducted does not comply with prior remand directives and requires additional VA medical opinions to address the Veteran's reports of visible burns from radiation treatment, as well as his pre-existing conditions. The case is therefore being returned for further action.

The Veteran's claims for service connection for prostate cancer, erectile dysfunction (secondary to prostate cancer), and residuals of right kidney removal (claimed as renal cell carcinoma) are all granted. The claim for the right kidney disorder is remanded due to a failure to consider in-service Agent Orange exposure.

The Veteran's service-connected disabilities rendered him unable to obtain or sustain substantially gainful employment, and TDIU is granted on a schedular basis. Prior to October 28, 2021, the Veteran was not in receipt of a 100% rating for his prostate cancer, so entitlement to a TDIU rating on an extraschedular basis is remanded.

The Board has remanded the cases for further development and consideration, including obtaining an opinion regarding the Veteran's side effects from his Lupron medication and developing a claim for TDIU.

The Veteran's claims for service connection for prostate cancer, erectile dysfunction (secondary to prostate cancer), and residuals of right kidney removal (claimed as renal cell carcinoma) are all granted. The claim for the right kidney disorder is remanded due to a failure to consider in-service Agent Orange exposure.

The Veteran's service-connected disabilities, including CAD, prostate cancer residuals, bilateral hearing loss, and tinnitus, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU on schedular basis.

The Veteran's claim for service connection is remanded due to new evidence submitted, and a VA examination is required given the PACT Act.

The Board has remanded the cases due to duty-to-assist errors in prior examinations, and a new examination is required for each issue.

The Veteran's appeals for increased disability ratings for prostate cancer and dysthymic disorder have been withdrawn, resulting in the dismissal of these issues.

The Board denied reopening the claim for service connection of a low back disorder, finding no new and material evidence. The claim for prostate cancer due to herbicide exposure is remanded.,New evidence was submitted but did not relate to an unestablished fact necessary to substantiate the underlying claim of entitlement to service connection for a low back disorder.

The Board has remanded the case due to inconsistencies in the effective date of TDIU and further development is needed. The Veteran's service-connected disabilities include diabetes, prostate cancer, peripheral neuropathy, tinnitus, hearing loss, and erectile dysfunction.

The Board has determined that remand is necessary to ensure that VA fulfilled its duty to assist the Veteran in substantiating his appeal, including obtaining a dose estimate from the Undersecretary for Health regarding ionizing radiation exposure and verifying the exact dates of each period of active duty, ACDUTRA, and INACDUTRA served by the Veteran as a member of the Oregon Air National Guard.

The Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful employment from December 1, 2017 to January 24, 2023.

The Veteran was granted a TDIU effective February 19, 2014, due to his service-connected disabilities.,Basic eligibility for Chapter 35 DEA benefits was also granted effective February 19, 2014.

The Veteran's claim for an earlier effective date for thyroid enlargement and a permanent 100% disability rating for prostate cancer is denied. The Board finds that the Veteran does not have a disability eligible for presumptive service connection due to exposure to herbicides, and his prostate cancer is considered static in nature.

The Veteran's type II diabetes, prostate cancer, IHD, and hypothyroidism are granted service connection based on exposure to herbicide agents in the Korean DMZ. Service connection for ED is also granted as secondary to his prostate cancer.

The Veteran's claims for service connection for various conditions, including heart disability, prostate cancer, hypertension, fatigue, syncope, vertigo, erectile dysfunction, glaucoma, and peripheral neuropathy of the upper and lower extremities, have all been denied as not supported by evidence linking these conditions to his active military service.

The Board has granted service connection for hypertension, ischemic heart disease, and prostate cancer due to presumed exposure to herbicide agents during the Veteran's service near the Korean DMZ. The PACT Act of 2022 established hypertension as a presumptive condition associated with such exposure.

The Board has dismissed the appeals for earlier effective dates for service connection of prostate cancer and bone cancer as the Veteran died during the appeal process.