Prostate cancer Board decisions

The Board has reopened the Veteran's claim of service connection for prostate cancer and granted service connection based on presumed exposure to herbicides in Vietnam. The Veteran is now entitled to disability compensation for his prostate cancer.

The Board finds that the discontinuance of the 100 percent evaluation for residuals of prostate cancer effective October 1, 2010 was proper. The Veteran's last VA examination regarding his prostate cancer residuals was in December 2009 and a new examination is needed to assess current nature and severity.

The Board has determined that the Veteran's ischemic heart disease is presumed related to herbicide exposure during his service in Thailand, and thus grants service connection for this condition.

The Veteran died of metastatic prostate cancer, with tuberculosis of the lung as a significant contributing factor. The case is being remanded for additional development to determine if his service-connected pulmonary tuberculosis contributed substantially or materially to his death.

The Veteran's service connection claims for congestive heart failure, primary biliary cirrhosis, hiatal hernia, hypertension, benign prostatic hypertrophy (BPH), and prostate cancer are denied as there is no evidence of a disease or injury in service that could be linked to the current conditions.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for aid and attendance due to his ability to perform self-care functions, maintain independence in daily activities, and travel alone.

The Board found that the reduction of the rating for prostate cancer from 100 percent to 20 percent, effective February 1, 2011, was proper and that the criteria for restoration of the 100 percent rating have not been met.

The Board has determined that the Veteran's claims for service connection for tinnitus, low back disability, hypertension, prostate cancer, and hearing loss have been withdrawn. The claim of service connection for hearing loss was denied as there is no evidence to support a finding of in-service noise exposure or chronic otitis media resulting in current hearing loss.

The Veteran's claims for diabetes mellitus type II and prostate cancer residuals are denied as there is no evidence of herbicide exposure in service. The claim for erectile dysfunction secondary to prostate cancer is also denied.

The Veteran's prostate cancer residuals are manifested by voiding dysfunction with daytime intervals of 3-4 hours and nocturia up to two times per night. The Board finds that the criteria for an initial rating in excess of 10 percent have not been met.

The Board has determined that the Veteran's claims for service connection are being remanded due to potential exposure to environmental contaminants in Guam, but no evidence of Agent Orange exposure. The case will be returned to the AOJ for further development and adjudication.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the proximate cause of his additional disability (recurrent adenocarcinoma of the prostate) was not due to VA's carelessness, negligence, or similar instance of fault.

The Veteran's claims for service connection are being remanded due to the need for additional development regarding herbicide exposure and medical opinions.

The Board has characterized the propriety of the reduction issue as encompassing entitlement to an increased rating post-reduction (the Veteran's attorney argued in a 2012 substantive appeal that the prostate cancer residuals warranted a 60 percent rating). The effective date for the grant of service connection for ischemic heart disease is being REMANDED to the Agency of Original Jurisdiction.

The Veteran's prostatectomy residuals as a result of prostate cancer are rated at the maximum schedular rating (60%) and his impotence is not compensable. The Board finds no basis for higher ratings or staged ratings.

The Veteran's prostate cancer is presumed to have been incurred during his service in Thailand, where he was likely exposed to herbicides. The Board grants service connection for prostate cancer on a presumptive basis.

The Board has remanded the case for additional development to address whether the Veteran's cancer is related to his service in the Persian Gulf and exposure to environmental toxins, including 'dirty sand' and oil well fire smoke.

The Board found no evidence of service connection for prostate cancer or throat cancer, and concluded that the Veteran's claims were denied as there was insufficient medical evidence to support a link between his current conditions and his military service.

The Veteran's appeal is remanded to obtain his service personnel records and determine if he was exposed to herbicides in Korea, which could potentially grant him service connection for prostate cancer, ischemic heart disease, and hypertension. The issue of entitlement to service connection for hypertension is also inextricably intertwined with the other claims.

The Veteran's disability rating for residuals of prostate cancer was reduced from 100% to 0%, effective December 1, 2010. The RO subsequently increased the rating to 20% effective November 19, 2013.