Prostate cancer Board decisions

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.

The Veteran's PTSD is rated at 70 percent, which is the maximum rating available. The appeal for an increased rating is denied.

The Veteran's initial compensable evaluation for hypertension is denied, and his prostate cancer residuals with BPH rating is reduced from 100% to 40%. The restoration of special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(s) is also denied.

The Board has decided to remand the case due to a duty-to-assist error, and will need an addendum opinion regarding the nature and etiology of the Veteran's erectile dysfunction.

The Board has determined that there are pre-decisional duty to assist errors in the rating decisions regarding service connection for IBS, low back disability, and TDIU. The claims are being remanded to obtain additional medical opinions and evidence.

The Veteran's prostate cancer is denied as service connection because there is no evidence of herbicide agent exposure during his active duty and the claim cannot be granted based on presumptive exposure. The Veteran's lay statements are not credible due to their vagueness regarding potential herbicide agent exposure.