Citation Nr: 21074874
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 17-32 665
DATE: December 16, 2021

ORDER

Entitlement to service connection for prostate cancer is granted inasmuch as entitlement to service connection for the cause of the Veteran's death, including owing to this same cancer, already has been granted.

FINDINGS OF FACT

1. In granting service connection for cause of death, partly based on the Veteran's prostate cancer, the local VA Regional Office (RO) already has conceded this is a service-connected disability and that is caused or contributed substantially or materially to his death.

2. Thus, the required association of his prostate cancer with his service already has been established.

CONCLUSION OF LAW

The criteria are met for entitlement to service connection for prostate cancer.  38 U.S.C. §§ 1101, 1110, 1112, 1113, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active military service from September 1966 to August 1968 and from January to September 1991.  He also had periods of additional service in the reserves.  He died in March 2019.  His widow since has been substituted as the Appellant to process this claim to completion. She recently testified at a hearing at the RO in November 2021 in support of this claim (Travel Board hearing). Her son and daughter also testified.

The Veteran's Certificate of Death lists esophageal cancer, bladder cancer, and prostate cancer as the causes of his death.  In a November 2020 rating decision, the RO resultantly granted service connection for the cause of his death.  The rating code sheet indicates "Cause of death: esophageal cancer, bladder cancer, and prostate cancer." Thus, all three cancers were implicated in his unfortunate death. This is significant because service connection for cause of death is not granted unless a service-connected disability was either the principal or a contributory cause of death. 38 C.F.R. § 3.312. Thus, inasmuch as the RO already has granted service connection for cause of death, at least partly because of the prostate cancer, the RO already essentially has conceded that the prostate cancer is a service-connected disability.   

 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Wishard

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.