Prostate cancer decisions — 2006

The Board denied the claims for service connection for the cause of the veteran's death, DIC under 38 U.S.C.A. § 1151, and DIC under 38 U.S.C.A. § 1318 due to lack of evidence showing that the veteran's death was caused by VA treatment or negligence.

The veteran's application for prostate cancer was received on August 16, 2002. He had prostate surgery on October 15, 2002, and the Board granted a 100% disability evaluation for prostate cancer and its residuals from August 16, 2002, to April 15, 2003.

The Board found that the reduction of the veteran's residuals of prostate cancer from 100 percent to 20 percent was proper and carried out in accordance with procedural requirements.

The veteran is seeking service connection for prostate cancer and diabetes mellitus with hypertension and impotence, which he claims are due to herbicide exposure during his service in Guam. The Board has decided that further development is needed to determine if the veteran was exposed to herbicides.

The veteran's claim is being remanded due to the need for further development and examination, including obtaining updated medical records and scheduling a VA examination.

The Board denied the veteran's claim for service connection for kidney failure and prostate cancer, which were allegedly caused by exposure to ionizing radiation during his military service. The negative opinions from VA experts regarding a link between the conditions and the radiation exposure were considered more probative than the veteran's assertions.

The Board found that the veteran's prostate cancer was not incurred in or aggravated by his active duty service and denied the claim. The facial scar issue is pending as a separate matter.

The veteran's claims for service connection for various conditions, including prostate cancer and benign prostatic hypertrophy, respiratory disorder, skin disorder, arthritis of the hands with joint pain, hyperopia and presbyopia (claimed as vision problems), bilateral knee pain, back pain, and hypertension were denied. The denial is based on lack of evidence linking these conditions to service or service-connected diabetes mellitus.

The Board has determined that an effective date of March 21, 2001, is warranted for the grant of service connection for prostate cancer.

The veteran's cause of death was metastatic prostate cancer, with other significant conditions including atrial fibrillation, deep venous thrombosis (legs), non-insulin dependent diabetes mellitus, and cerebral vascular accidents. The Board found that the service-connected disability did not cause or hasten his death, and there is no evidence linking the veteran's fatal disease processes to his military service.

The veteran's residuals of prostate cancer are rated at 20 percent, with special monthly compensation for loss of use of a creative organ. The claim for an increased evaluation is denied.

The veteran's claim for increased evaluation of prostate cancer residuals and SMC due to loss of use of a creative organ was denied as the evidence did not meet the criteria for any compensable evaluations under VA rating criteria.

The Board found that the prostate cancer which caused the veteran's death was not incurred in service and is not related to his service-connected benign prostatic hypertrophy.

The veteran died of end-stage lung cancer due to or as a consequence of chronic obstructive pulmonary disease, protein calorie malnutrition and normocyte normochromic anemia. The Board finds that the death was not caused by VA negligence in providing care.

The veteran's incontinence after the 1994 prostatectomy is not considered to be due to VA fault, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The veteran's low back disability is rated at 40 percent, and he has service connection for a right eye peripheral retinal hole, hemorrhoid disability manifested by bleeding during bowel movements, and prostate cancer. The Board finds no basis to grant additional evaluations for the other conditions.

The Board found no evidence of prostate cancer during service or for at least 20 years post-service, and there is no competent medical evidence linking the veteran's current prostate cancer to his military service. The claim was denied as the evidence does not support a finding that the veteran's prostate cancer was incurred in or aggravated by service.

The Board has remanded the veteran's claims for further development due to potential exposure to Agent Orange during service.

The veteran requested to withdraw his appeal, and the Board has dismissed the case due to this request.

The veteran's rectourethral fistula disability was a direct result of VA treatment for prostate cancer, and the Board found that it met the criteria for compensation under 38 U.S.C.A. § 1151.