Prostate cancer decisions — 2023

The Veteran's lumbar spine disorder is granted service connection. Service connection for left ear hearing loss, right ear hearing loss, right shoulder disorder, left shoulder disorder, left hip disorder, and right knee disorder are denied. Service connection for prostate cancer residuals is granted.

The Veteran's appeal for a higher disability rating for prostate cancer residuals is denied, and his attempt to restore the 100% disability rating for prostate cancer status post radiation therapy is also denied.

The Board has remanded the claims for service connection for prostate cancer and colon cancer due to a lack of an Individual Longitudinal Exposure Record (ILER) and inadequate TERA opinions. The Veteran's exposure to toxins while stationed at Fort Jackson, South Carolina is conceded.

The Board has denied service connection for a pulmonary disability. The claims of service connection for heart, prostate, unstable angina, and carotid artery stenosis disabilities are remanded due to conflicting evidence regarding exposure to herbicide agents in Vietnam.

The appeals for service connection of diabetes mellitus, heart disease, and prostate cancer have been dismissed due to the Veteran's death.

The Veteran's claims for service connection for prostate cancer and its residuals, as well as diabetes mellitus, type II, are granted due to presumed exposure to herbicides in the Republic of Vietnam.

The Board denied the Veteran's claim for SMC based on aid and attendance due to his service-connected disabilities, finding that he is not in need of regular aid and assistance.

The Board has remanded the issue of entitlement to an effective date earlier than February 28, 2023 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU). The Veteran contends he is unemployable due to his service-connected conditions and submitted a private psychological assessment indicating he would be precluded from gainful employment without excessive accommodations.

The Board denied service connection for diabetes mellitus, bladder cancer, and prostate cancer prior to August 10, 2022 on the basis of direct herbicide exposure. The evidence did not support such a finding.

The Board has remanded the claims for diabetes mellitus, prostate cancer, and erectile dysfunction due to conflicting VA records regarding herbicide exposure during service. The Veteran's claim will be further developed to clarify his exposure history.

The Veteran's appeal for service connection on his death is dismissed due to the death of the appellant.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, as they significantly restrict his movements, impair his ability to focus on work tasks, and cause frequent bathroom breaks.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment. The Board denied the TDIU claim as his combined disability rating was at least 70%.

The Board has remanded the case due to a duty to assist error, requiring a VA examination to determine if the Veteran's prostate cancer is related to his exposure to contaminated water at Camp Lejeune.

The Veteran's claim for an effective date prior to August 27, 2018, for a 100 percent evaluation for prostate cancer is denied. The Board found that the evidence did not show a worsening of the disability during the one-year period preceding his most recent claim.

The Veteran's service connection claims for prostate cancer, PTSD, an acquired psychiatric disability (including PTSD), and hypertension are all granted. However, the claim for hypertension is remanded to determine if it is related to military service.

The Board has granted service connection for prostate cancer and set the effective date at April 8, 2019. The Veteran's claim was received on that day.

The Veteran's prostate cancer is rated at the maximum schedular rating of 100 percent. Ratings for right and left lower extremity peripheral neuropathy are granted at 40 percent each.

The Veteran's service-connected disabilities, including coronary artery disease and lumbosacral strain, rendered him unable to secure or maintain substantially gainful employment on and prior to January 11, 2023. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was also established.

The Board has remanded the Veteran's claims for prostate cancer and diabetes mellitus due to potential exposure to herbicide agents during service, specifically Agent Orange. The decision also notes that additional records are needed, including those from the second period of service.