Prostate cancer decisions — 2005

The Board has determined that the veteran's prostate cancer is not related to his exposure to ionizing radiation during service, and thus denied his claim for service connection.

The Board denied the appellant's claim for an earlier effective date for the grant of dependency and indemnity compensation (DIC) due to a lack of evidence supporting service connection prior to July 1, 1996.

The Board found no evidence of exposure to Agent Orange during service, and thus could not grant presumptive service connection for type 2 diabetes mellitus or prostate cancer. The appellant's hypertension was also denied as it is not related to his service-connected conditions.

The RO reduced the veteran's rating for prostate cancer from 100% to 40%, effective May 1, 2000. The reduction was proper as there is no evidence of active cancer and the veteran currently meets a 40% rating for urinary incontinence requiring absorbent materials changed 2-4 times per day.

The Board denied the veteran's claims for service connection for the cause of his death, dependency and indemnity compensation under 38 U.S.C.A. § 1318, an enhanced amount of dependency and indemnity compensation under 38 U.S.C.A. § 1311(a)(2), and dependents' educational assistance benefits under 38 U.S.C.A. Chapter 35.

The Board denied the veteran's claims to reopen his previously disallowed claims of service connection for prostate cancer and a dental disability due to lack of new and material evidence.

The veteran's prostate cancer residuals are rated at 40 percent, and his erectile dysfunction is rated as noncompensable. The RO granted the requested increased ratings for both conditions.

The veteran's prostate cancer was initially rated as 100 percent disabling, but the RO proposed and later granted a reduction to 40 percent effective April 1, 2003. The appeal also includes claims for removal of certain tumors due to Agent Orange exposure.

The Board has determined that the reduction of the veteran's disability rating for prostate cancer from 100% to 60% was proper, and that a compensable initial rating for erectile dysfunction is not warranted.

The Board has determined that it is necessary to address whether the veteran's appeal was timely filed, specifically regarding his claim for service connection for depression secondary to prostate cancer. The case is being remanded back to the RO for further action.

The veteran's claim for an earlier effective date for prostate cancer service connection was denied.

The Board found that the veteran's bladder and prostate cancers were not related to his in-service exposure to radiation, and thus denied service connection for these conditions.

The Board denied the veteran's claims for service connection for prostate cancer and erectile dysfunction, finding no evidence of exposure to Agent Orange or other herbicides during his Vietnam service. The Board also found that there was insufficient evidence linking the current conditions to service.

The veteran's claim for service connection for hypertension was granted, with a 20 percent evaluation assigned. The other claims were denied.

The Board denied the veteran's claim for service connection for prostate cancer, status post prostatectomy, finding no evidence of a link to his military service and rejecting any presumption based on exposure to herbicides.

The Board found that chronic obstructive pulmonary disease and prostate cancer were not incurred or aggravated by service, nor could they be presumed to have been incurred during service due to exposure to herbicides. The veteran's allegations of Agent Orange exposure were not supported by the evidence of record.

The Board has granted service connection for peripheral neuropathy and prostate cancer. The claim for sexual dysfunction (impotence) is remanded as it may be related to the veteran's service-connected prostate disability.

The Board found that the initial grant of service connection for prostate cancer was clearly and unmistakably erroneous due to the veteran's service not meeting the criteria for 'service in the Republic of Vietnam' as defined by VA regulations, thus severing the service connection.

The Board denied service connection for prostate cancer and dysphagia, finding that the veteran's conditions were not incurred or aggravated by active service. The exposure to ionizing radiation during service was considered but did not establish a presumption of service connection.

The veteran's claims for service connection for prostate cancer and diabetes mellitus with sexual dysfunction, both claimed as secondary to herbicide exposure, were denied. The Board found no evidence of Agent Orange exposure during service and concluded that the diseases did not manifest within one year of service separation.