Prostate cancer decisions — 2005

The veteran's claims for service connection for prostate cancer, diabetes mellitus, and multiple sclerosis as a result of herbicide exposure are being remanded due to the need for additional development regarding his claimed duty or visitation within the Republic of Vietnam.

The veteran's claim for a higher rating for prostate cancer including residuals of a prostatectomy was denied as his symptoms did not warrant a rating higher than 10 percent.

The Board denied service connection for the cause of the veteran's death due to lack of evidence showing that the fatal conditions were incurred or aggravated during his military service.

The veteran's prostate cancer and tumor of the left breast were not found to be related to service or any period following service.

The veteran's service-connected residuals of prostate cancer with hemorrhoids are rated at 10 percent, and his TDIU claim is granted.

The Board has dismissed the issue of reopening the previously denied claim for service connection for prostatitis and the claim of entitlement to service connection for prostate cancer as it is moot due to the RO's decision awarding service connection for chronic prostatitis/hypertrophy. The veteran's claim for service connection for prostate cancer was not substantiated.

The Board has remanded the case due to a hearing technology malfunction, and the veteran is scheduled for either an in-person or videoconference hearing before a Veterans Law Judge at the RO.

The Board denied the appellant's claim for service connection for bladder cancer, finding that it was not incurred or aggravated by active service and is not proximately due to or the result of his service-connected prostate cancer.

The VA has determined that the veteran's residuals of prostate cancer, which have been in remission since treatment in 1998, are currently rated at 40 percent disabling based on urinary frequency. The maximum rating available under this subcategory is 40 percent.

The Board found that the veteran's service in Vietnam was not verified, and there is no evidence of Agent Orange exposure during service. The prostate cancer diagnosed many years after service does not have a proven link to any incident of service, including alleged Agent Orange exposure.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for prostate cancer, alleging that he was misdiagnosed or failed to be diagnosed in a timely manner due to elevated PSA levels, resulting in late diagnosis and complications from treatment.

The Board has determined that there is no competent evidence showing the veteran currently has prostate cancer, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for prostate cancer and lung cancer, both claimed as secondary to Agent Orange exposure. The evidence did not establish a link between these conditions and active service.

The Board has determined that the veteran's prostate cancer is possibly related to exposure to nerve gas agents in service, and concludes that it is more likely than not that his prostate cancer was caused by such exposure. Therefore, the claim for service connection for prostate cancer is granted.

The Board found that the veteran's cause of death, renal failure and prostate cancer, were not incurred in or aggravated by active service. The cancers were also not proximately due to or the result of a service-connected disease or injury. Additionally, there was no evidence showing that any of the veteran's service-connected conditions caused or contributed substantially or materially to his death.

The veteran's claims for service connection for prostate cancer and chronic obstructive pulmonary disease (COPD) are denied as there is no evidence of a nexus between the conditions and his military service.

The veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling examinations to assess his current disability levels. The TDIU claim will be reconsidered based on the new evidence.

The veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 and service connection for prostate cancer due to herbicide exposure, as well as a bilateral foot disorder, were denied. The Board found that there was no evidence linking the current conditions to his military service or any presumed exposure to herbicides.

The Board denied the veteran's claims for service connection for residuals of a welding burn to the eye, bilateral hearing loss, and prostate cancer. The evidence did not support any link between these conditions and his military service.

The Board has granted a 40 percent disability rating for the veteran's residuals of prostate cancer, which meets or nearly approximates the criteria for this rating.