Prostate cancer decisions — 2006

The Board has decided to remand the case for further development, including a VA examination and additional evidence collection. The veteran's prostate cancer is being considered based on exposure to pesticides during service.

The veteran is service connected for prostate cancer, rated as 60 percent disabling. The RO has granted a TDIU based on this disability. However, the issue of service connection for degenerative disc disease of the lumbar spine remains pending and must be remanded.

The Board has determined that the veteran's prostate cancer, which was diagnosed in 2002, is not service-connected as it did not occur during or within one year after his military service. The appeal for service connection for post-operative residuals of prostate cancer is denied.

The Board denied the veteran's claims for service connection for PTSD and prostate cancer with metastasis to the right humerus, finding no evidence of a verified in-service stressor or radiation exposure. The veteran was not granted any benefits.

The Board has granted a 20 percent disability rating for the residuals of prostate cancer, effective March 2005. A separate 10 percent rating is also granted for impairment of sphincter control (residuals of radiation treatment for prostate cancer).

The Board has remanded the case for further development to determine the current severity of the residuals of prostate cancer and whether it should be rated at 10%.

The veteran's residuals of prostate cancer are currently rated at 10 percent, effective September 1, 2001. The Board found that the evidence does not support a higher rating based on his symptoms.

The Board found that the veteran's prostate and skin cancers were not incurred in or aggravated by military service, nor may they be presumed to have been incurred therein. The claims for service connection were denied.

The Board found that the reduction of a 100 percent rating for prostate cancer to a 40 percent rating for post-treatment residuals, effective July 1, 2002, was proper based on improvement in the veteran's ability to function.

The veteran's claim for an increased evaluation for his service-connected prostate cancer associated with herbicide exposure is being remanded due to the need for a more contemporaneous VA examination.

The Board denied service connection for prostate cancer as a result of herbicide exposure in Vietnam, finding no current disability and insufficient evidence to establish a link between the condition and service.

The veteran's claim for an initial compensable evaluation for prostate cancer, status post radical retropubic prostatectomy with bilateral pelvic lymphadenectomy, prior to September 29, 2003, and in excess of 40 percent as of September 29, 2003, was denied. The veteran's symptoms did not warrant a higher evaluation.

The Board denied service connection for prostate cancer and diabetes mellitus, type II as the veteran did not have these conditions during or within one year after his military service. The Board also noted that there was no evidence of in-service exposure to herbicides that could support a presumption of service connection.

The Board denied the veteran's claim for payment or reimbursement of medical expenses incurred at The Hospital on September 4, 2004 due to VA facilities being feasibly available and not meeting the criteria for 'emergency treatment'.

The veteran's medical expenses for a service-connected condition were not reimbursable by VA because prior authorization was not obtained and the treatment provided at a non-VA facility was deemed feasible.

The Board denied service connection for prostate cancer and skin conditions, including as secondary to asbestos exposure. The claim for an initial evaluation of 30 percent for bilateral pes planus was granted, but the claim for a compensable evaluation for residuals of left foot fracture remains pending.

The Board denied the veteran's claims of service connection for various conditions, including coronary artery disease, kidney disorder, incontinence, prostate enlargement (claimed as prostate cancer), arthritis of multiple joints and the spine, bilateral hearing loss, bilateral tinnitus, and post-traumatic stress disorder. The decision found no evidence of these conditions during active duty or continuity of symptomatology thereafter.

The Board found that the veteran's kidney stones existed prior to service and worsened during service, but did not find any aggravation beyond natural progression. Service connection for prostate cancer was denied as there is no evidence of a link between Agent Orange exposure and the condition.

The Board has determined that the RO did not appropriately reduce the rating for the veteran's prostate cancer and failed to provide proper VCAA notice on his increased ratings claims. The appeal is being REMANDED to address these issues.

The Board denied the veteran's claims for service connection and to reopen his claims, except for prostate cancer which was granted based on Agent Orange exposure.