Prostate cancer decisions — 2002

The Board has determined that the veteran's service-connected prostate cancer alone precludes him from securing and following a substantially gainful occupation, resulting in a grant of TDIU.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death, finding that the veteran's fatal conditions were not related to his military service.

The veteran's skin and prostate cancers are diseases that may be induced by ionizing radiation exposure. The veteran is not service-connected for any disability, was not a prisoner of war, is not entitled to compensation under 38 U.S.C.A. § 1151, and is not entitled to VA nonservice-connected pension benefits. Therefore, the veteran does not meet the qualifications for exemption from the eligibility assessment (means testing) specified in 38 U.S.C.A. § 1722.

The veteran's claim for special monthly pension based on the need for regular aid and attendance has been granted, given his physical limitations and age.

The Board denied the veteran's claims for service connection for hypertension, osteoarthritis, and prostate cancer. The Board found that there was no evidence linking these conditions to his military service.

The Board denied the veteran's claim for service connection for prostate cancer, finding that new and material evidence had not been submitted to reopen the claim. The Board also determined that prostate cancer was not related to exposure to ionizing radiation during military service.

The Board denied the veteran's claims for service connection for chloracne, tinnitus, prostate cancer, and a psychosis. The claim for increased rating for degenerative changes of the fifth distal interphangeal joint of the right hand was also denied. The RO reduced the veteran's previously assigned 10% evaluation for pseudofolliculitis barbae condition but did not restore it.

The Board found that the reduction from a 100% to a 20% evaluation for post radical retropubic prostatectomy for cancer of the prostate was proper. The veteran's service-connected condition is manifested by stress incontinence requiring one to two pads per day and needing to urinate three to five times at night, which aligns with a 20% disability rating.

The veteran's claim for reimbursement or payment of medical expenses incurred during his inpatient hospital stay at a non-VA facility was denied as he had not sufficiently stabilized to be transferred to a VA medical facility by February 26, 1999.

The Board has granted a 40 percent rating for the veteran's service-connected prostate cancer, status post radical retropubic with impotence, effective from the date of receipt of his claim.

The veteran's prostate cancer has not recurred or metastasized, and his urinary system remains essentially asymptomatic. His chronic renal failure is also essentially asymptomatic with no colic attacks, infections, or drainage by catheter. The history of prostatitis does not require hospitalization or continuous intensive management.

The Board has denied the veteran's claims for service connection for prostate cancer and an increased evaluation for prostatitis, finding that there is no evidence linking these conditions to his military service or a service-connected disability.

The Board denied the appellant's claim for an earlier effective date of July 1, 1996 for the grant of DIC due to a service connection decision made on November 7, 1996. The appellant's claim was received by the RO on June 27, 1996.

The Board denied service connection for the cause of the veteran's death due to prostate cancer, concluding that it was not incurred in or aggravated by active service and could not be presumed to have been so incurred.

The veteran's prostate cancer is not due to disease or injury incurred in service, and the Board finds that he was not exposed to ionizing radiation during his service. Therefore, his claim for service connection is denied.

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

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that the earliest possible date based on the presumption granting service connection for prostate cancer due to exposure to Agent Orange created by a regulation amendment is November 7, 1996.

The Board denied the veteran's claim for an earlier effective date for service connection of prostate cancer, finding that the earliest eligible effective date was February 5, 1999.

The veteran's impotence due to prostate cancer is consistent with loss of use of a creative organ, and he is granted special monthly compensation based on this condition.

The Board found that the veteran's prostate cancer is not related to his service-connected prostatitis and denied his claim for secondary service connection.