Prostate cancer Board decisions

The Veteran's claim for service connection is being remanded due to the need for additional development, including obtaining a VA medical opinion regarding the nature and etiology of his claimed conditions.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the impact of his service-connected disabilities on his employability and another VA examination to determine the current nature and severity of his prostate cancer. The issue of service connection for throat cancer will also be addressed.

The Veteran's prostate cancer residuals have been rated at 20 percent prior to February 17, 2012 and at 40 percent as of that date. The Board finds the evidence is in equipoise regarding whether a higher rating is warranted for either period.

The reduction in the evaluation of service-connected prostate cancer from 100 percent to 40 percent effective August 1, 2009, was proper.

The Veteran claims service connection for prostate cancer due to exposure to herbicides during his military service. The RO is instructed to verify the Veteran's claimed exposure and obtain any relevant medical records. A VA examination should be scheduled to determine if there is a relationship between in-service prostatitis and post-service prostate cancer.

The Veteran's claim for an initial compensable evaluation for his service-connected prostate cancer and erectile dysfunction is being remanded due to the need for a new VA examination.

The Board denied earlier effective dates for the awards of service connection for prostate cancer, erectile dysfunction, and SMC based on loss of use of a creative organ. The RO's September 2003 denial was not based on CUE.

The Veteran's service-connected status post prostate cancer was reduced from a 100 percent rating to a 40 percent rating effective January 7, 2013. The appeal is denied as the criteria for an evaluation in excess of 40 percent are not met.

The Veteran's prostate cancer was not incurred as a result of his service, and the Board found insufficient evidence to support exposure to Agent Orange in Thailand.

The Board has determined that the directives of the September 2011 and April 2013 remands have not been substantially complied with, necessitating another remand for further development.

The Board has granted service connection for bilateral hearing loss disability and denied a compensable rating for prostate cancer. The case is remanded to issue a Statement of the Case on the issue of a compensable rating for prostate cancer.

The Board denied the Veteran's service connection claims for diabetes mellitus type II and prostate cancer in January 2009. The evidence received since that decision does not relate to an unestablished fact or raise a reasonable possibility of substantiating the claims.

The Board has found that the Veteran's sleep apnea with intermittent insomnia first manifested during active service and continues to this day. Service connection is granted for these conditions.

The Veteran's prostate cancer claim is denied as there is no current diagnosis. The Veteran's cataracts are service-connected, but the issue of reopening his hypertension claim remains pending.

The Veteran's prostate cancer residuals have not met the criteria for an initial disability rating in excess of 40 percent as of August 1, 2009.

The RO reduced the Veteran's evaluation for residuals of prostate cancer from 100 percent to 60 percent, effective October 1, 2012, based on improvement in his condition.

The Board has remanded the case due to insufficient action taken in verifying the Veteran's claimed exposure to herbicides during service, specifically in the Dominican Republic. The claim will be reconsidered based on this new information.

The Board has determined that the Veteran's residuals of prostate cancer do not meet the criteria for a compensable disability rating, as there is no evidence of urinary incontinence or obstructed voiding.

The Veteran's prostate cancer residuals, including urinary frequency and nocturia, are currently rated at 40 percent under the rating criteria for voiding dysfunction. The effective date of this rating is not specified in the decision.

The Veteran's prostate cancer is presumed to be due to herbicide exposure. His metastatic bone cancer and erectile dysfunction are found to be secondary to his service-connected prostate cancer.