Prostate cancer decisions — 2024

The Board denied service connection for prostate cancer and diabetes mellitus, finding that the Veteran did not have exposure to herbicide agents during service and thus could not establish presumptive service connection. The Board also found no direct evidence linking these conditions to service.

The Board has remanded the case due to a claim for special monthly compensation (SMC) based on housebound status. The Veteran's service-connected disabilities do not meet the criteria for SMC under 38 U.S.C. § 1114(s), prior to August 10, 2022. However, the Board found that VA's duty to assist requires an examination to determine if the Veteran is housebound due to his service-connected disabilities.

The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's prostate cancer claim, specifically related to potential exposure to asbestos and herbicide agents during service.

The Veteran's service connection claims for prostate cancer, erectile dysfunction (ED), multiple sclerosis, and trigeminal neuralgia have been granted. The claim for myalgia remains pending.,Service connection has been established for prostate cancer on a presumptive basis due to herbicide exposure during active service aboard the U.S.S. Ticonderoga. Service connection is also granted for erectile dysfunction as secondary to residuals of prostate cancer, and multiple sclerosis with trigeminal neuralgia have been found directly related to in-service exposure at Camp Lejeune.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Board denied the appellant's request for an earlier effective date for DIC benefits, stating that the claim was not submitted within one year of the Veteran's death and that VA regulations do not allow for an earlier effective date based on justice or equity.

The Veteran's claim for service connection for prostate cancer, including as due to herbicide exposure, is granted. However, the evidence does not support presumptive exposure to herbicides and there is no evidence of a direct relationship between service and prostate cancer.

The Veteran's service-connected disabilities, including prostate cancer, migraines, nerve damage-related right hemidiaphragm, degenerative arthritis of the right shoulder, and tinnitus, prevent him from securing or following substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Board dismissed the appeals for earlier effective dates as they were fully granted in a previous decision.

The Veteran's claims for increased evaluation of tinnitus and service connection for vasculitis, bladder cancer, colon cancer, and prostate cancer have been remanded due to the need for additional medical opinions.

The Board has decided to remand the cases for additional development and medical opinions regarding service connection for brain tumor and prostate cancer.

The Veteran's claims for service connection for prostate cancer and residuals, including erectile dysfunction and voiding dysfunction, as well as a heart condition (claimed as coronary artery/ischemic heart disease) due to herbicide exposure are all granted. The effective date is not specified.

The Veteran's prostate cancer is now rated at 100% from August 8, 2023.

The Board has dismissed the appeals regarding service connection and rating for prostate cancer, erectile dysfunction, heart condition, left shoulder condition, right shoulder condition, and neck condition due to the Veteran's withdrawal of these appeals.

The Veteran's claim for a 40 percent rating for prostate cancer, effective September 4, 2020, is granted. The claim for TDIU, also effective September 4, 2020, is granted.

The Veteran's SMC was granted at the intermediate rate due to his need for aid and attendance, which is related to service-connected conditions including bladder and prostate cancer residuals, lumbar intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee disabilities. The Veteran does not meet criteria for loss of use of any extremities.

The Veteran's prostate cancer residuals are rated at 20 percent, effective July 1, 2024. The initial compensable rating for hypertension is denied.

The Veteran's service-connected disabilities, including prostate cancer residuals, sleep apnea, and lumbar spine degenerative changes, rendered him unable to secure substantially gainful employment prior to August 10, 2022. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Veteran's appeal to reduce his disability rating for prostate cancer status post radical prostatectomy from 100% to 20% was dismissed because the October 2023 proposed reduction decision did not constitute a final determination and thus could not be appealed.