Prostate cancer decisions — 2002

The Board denied the veteran's claim of service connection for prostate cancer, finding that it was not incurred in or aggravated by service and could not be presumed due to exposure to ionizing radiation.

The Board denied service connection for poor leg circulation, varicose veins, prostate cancer, and sleep apnea. The claim of service connection for PTSD was not addressed as it is not a direct service connection issue.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no clinical or other competent evidence showing additional disability as a result of VA's failure to diagnose and treat prostate cancer in October 1990.

The Board has reopened the veteran's claims for service connection for myoclonus and prostate cancer secondary to exposure to ionizing radiation, but has denied both claims as there is no evidence that these conditions were incurred during or aggravated by military service.

The Board found that the veteran's prostate cancer did not begin during service and is not attributable to any injury, disease or incident of service, including exposure to ionizing radiation.

The Board denied the veteran's claim for service connection for prostate cancer, finding that it was not incurred in or aggravated by service and could not be presumed to have been due to radiation exposure during service.

The Board denied service connection for the cause of the veteran's death and found that the appellant did not meet the eligibility criteria for Dependents Educational Assistance benefits. The appeal was dismissed.

The veteran died from service-connected metastatic prostate cancer. The appellant, who was the legal guardian of J., attempted to claim additional DIC benefits for J. However, J. is not considered a child of the veteran for VA benefit purposes due to his status as a legitimate child of other individuals and lack of adoption or legal guardianship.

The Board found that the veteran's prostate cancer was not incurred in or aggravated by active service, nor may it be presumed due to ionizing radiation exposure. Therefore, service connection is denied.

The Board finds no evidence of nicotine dependence and no direct connection between in-service smoking or carbon tetrachloride exposure and the veteran's current pulmonary/respiratory disability.,There is no medical evidence linking prostate cancer to in-service smoking or carbon tetrachloride exposure.

The Board has determined that the veteran's prostate cancer began during his active service and grants service connection for this condition.

The Board has granted a 60 percent evaluation for the veteran's service-connected prostate cancer, status post prostatectomy and radiation therapy, effective from March 2001.

The Board has granted a 40 percent evaluation for residuals of prostate cancer and denied a compensable rating for impotence.

The Board denied the veteran's claim for service connection for prostate cancer, which he claimed was a residual of radiation exposure during his military service. The decision stated that there is no reasonable possibility that the veteran's prostate cancer resulted from such exposure and that it did not meet the criteria for presumptive service connection under 38 C.F.R. § 3.311.

The Board found that the reduction in the rating assigned for service-connected residuals of prostate cancer from 100 percent to 60 percent was proper, and restored the veteran's rating to 60 percent effective August 1, 2000.

The Board found that the veteran's death was not caused by service-connected conditions, including prostate cancer and pancreatic cancer. The Board concluded that there is no direct relationship between prostate cancer and pancreatic cancer, and that the veteran's death was not due to Agent Orange exposure.

The Board has determined that an effective date of March 13, 1998 is granted for the establishment of service connection for prostate cancer and erectile dysfunction. However, an earlier effective date than September 18, 1998, for the establishment of service connection for shrapnel wound scars is denied.

The Board found that the veteran's death was not caused by a service-connected condition, and denied the claim.

The Board found that the veteran's prostate cancer was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected prostatitis. The claim for an increased rating for prostatitis was also denied.

The Board has determined that the reduction in disability rating from 60% to 40% for prostate cancer, status post radical retropubic prostatectomy was not proper and restored the veteran's disability rating to 60%.