Prostate cancer decisions — 2024

The Veteran's claim for service connection for prostate cancer was denied because he did not file the claim on the correct form, as required by VA regulations.

The Veteran's service-connected disabilities, including PTSD, prostate cancer, and bilateral hearing loss, were sufficiently incapacitating as to prevent him from obtaining or maintaining substantially gainful employment for the period prior to May 10, 2020. The Board granted TDIU on an extraschedular basis.

The Veteran's prostate cancer residuals and hypertension have been granted initial ratings of 60 percent and 10 percent, respectively. The prostate cancer residuals are rated based on voiding dysfunction, while the hypertension is rated based on diastolic pressure predominantly over 100 with continuous medication required.

The Veteran's claims for prostate cancer, hypertension, and diabetes mellitus were received within one year of the PACT Act's effective date (August 10, 2022), allowing an effective date of August 10, 2022.,The grants of service connection for diabetic peripheral neuropathy of the left lower extremity, right lower extremity, and erectile dysfunction were granted on a secondary basis to diabetes mellitus and prostate cancer, respectively. As such, they have an effective date of August 10, 2022.

The Veteran's claim of entitlement to service connection for prostate cancer is granted. The Board also remanded the issue of service connection for an acquired psychiatric disorder due to potential exposure during TDYs in Thailand.

The Board denied service connection for prostate cancer, hypertension, type II diabetes mellitus, and diabetic neuropathy of the upper and lower extremities due to lack of evidence linking these conditions to active service.

The Board has remanded the claims for service connection due to incomplete development of evidence and the need for an updated dose estimate based on new research. The erectile dysfunction claim is also remanded for a more definitive opinion.

The Veteran's PTSD is currently rated at 70 percent, but the Board finds no evidence of total occupational and social impairment.,The Veteran's prostate cancer residuals are currently rated at 40 percent. The Board finds that his symptoms do not meet the criteria for a higher rating.

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 Veteran's service in Thailand was outside the period from February 28, 1961 to May 7, 1975 when veterans are given special consideration for herbicides exposure during service in Thailand.

The Board has remanded the case to consider the claim for additional dependency compensation as the Veteran's spouse, which is separate from the service connection claims for prostate cancer and erectile dysfunction.

The Veteran's claim for an earlier effective date for the 100 percent rating for prostate cancer prior to April 30, 2019 was denied. The Board found that December 2016 marked six months after completion of treatment for the initial occurrence of prostate cancer in December 2015.,The Veteran's claim for a compensable rating for residuals of prostate cancer prior to April 30, 2019 was also denied. The evidence did not show any other indication of active prostate cancer during this period.

The Veteran seeks an earlier effective date for the grant of service connection for prostate cancer, which was granted on September 8, 2021. The Board finds that good cause has not been established to support a request for an earlier effective date.,The Veteran also seeks an earlier effective date for the assignment of a 40% rating for prostate cancer, which was assigned on August 17, 2022. The Board notes that relevant private medical records are missing and requests their release from the Veteran.

The Board has determined that the Veteran's prostate cancer is service connected due to exposure to herbicide agents while stationed at U-Tapao Air Force Base in Thailand, and this decision grants service connection on a direct basis.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his exposure to toxic chemicals and sun exposure during military service.

The Veteran's claim for an earlier effective date for a TDIU was denied as the September 2009 rating decision implicitly denied the matter of unemployability due to his service-connected PTSD and prostate cancer. The appeal is based on the implicit denial in the prior decision.

The Board found that the reduction in rating from 40 percent to 20 percent for residuals of prostate cancer was proper, as the Veteran's condition had improved and did not meet the criteria for a higher rating.

The proposed reduction of the Veteran's prostate cancer disability rating from 100% to 40% was not implemented, and thus the appeal is dismissed.

The Veteran's migraine headaches are granted a rating of 50 percent effective August 30, 2019.,Service connection for prostate cancer with radical prostatectomy is denied.

The Veteran's prostate cancer residuals with voiding dysfunction are rated at 60 percent, effective August 12, 2023. A separate 30 percent rating is granted for bowel incontinence residuals of prostate cancer.,On and after August 12, 2023, the Veteran is granted a TDIU based on his service-connected disabilities.,Effective August 12, 2023, the Veteran is also granted SMC at the housebound rate due to his service-connected disabilities.

The Veteran's claim for an extra-schedular TDIU prior to January 31, 2018 is remanded due to insufficient evidence of unemployability by reason of service-connected disabilities.