Prostate cancer decisions — 2006

The Board denied the veteran's claims for increased ratings for PTSD, high frequency hearing loss, diabetes mellitus, and residuals of prostate cancer. The veteran's service-connected degenerative joint disease of the cervical spine, left shoulder, and right knee were not found to be related to his active duty service.

The Board has determined that additional development is needed to obtain all relevant medical records and ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims for service connection are being remanded.

The Board found that the veteran's death was not caused by VA medical treatment and denied claims for DIC benefits under 38 U.S.C.A. § 1151, service connection for cause of death, and DIC benefits under 38 U.S.C.A. § 1318.

The Board denied the veteran's claims for service connection for prostate cancer and an increased rating for PTSD. The veteran failed to report for scheduled VA examinations, which made it impossible to obtain necessary evidence.

The Board found that the veteran's prostate cancer was not incurred in or aggravated by service, including from exposure to ionizing radiation and/or Agent Orange. The claim for service connection was denied.

The veteran's prostate cancer rating was reduced from 100% to 40%, and then increased back to 60%. The Board found no basis for restoring the 100% rating, as there is no evidence of recurrence. For SMC, the veteran does not meet the criteria due to his current disability status.

The Board has determined that the veteran's prostate cancer was not incurred in or aggravated by active service and may not be presumed to have been incurred due to exposure to herbicides. The claim for service connection is therefore denied.

The Board has denied the veteran's claim for service connection for prostate cancer, finding that there is no competent medical evidence linking the current condition to his active duty service.

The Board found that prostate cancer, which was first diagnosed in 1993, is not service-connected due to lack of evidence linking it to service or exposure to ionizing radiation. The claim was denied as the preponderance of evidence did not support a finding of direct service connection.

The Board has determined that the veteran's prostate cancer is not related to his military service, including exposure to herbicides like Agent Orange. The claim for service connection is denied.

The Board denied service connection for pes planus, a stomach disorder, and prostate cancer. The veteran's claim for pes planus was not supported by evidence of pre-existing condition or aggravation in service.

The veteran's prostate cancer is being remanded for further consideration due to the need to refer the case to the Under Secretary for Benefits, as it involves exposure to ionizing radiation. The claim will be reopened based on new evidence.

The Board denied service connection for prostate cancer, finding no evidence of exposure to Agent Orange or other herbicides in Vietnam. The VA examiner opined that the veteran's prostate cancer was more likely than not related to his painting duties involving paint and solvents in service, but this opinion is considered non-competent as a layperson cannot establish such a link.

The veteran's claim for an increased evaluation of tinnitus was denied as the maximum schedular rating is already assigned. The claim for compensation under 38 U.S.C.A. § 1151 for prostate cancer was also denied due to lack of evidence showing VA negligence or fault.

The Board denied the veteran's appeal, finding that his residuals of prostate cancer were properly rated at a 20 percent level following reduction from 100 percent.

The Board has determined that the veteran's claims for service connection for various conditions, including chloracne, peripheral neuropathy, porphyria cutanea tarda, skin cancer, soft tissue sarcoma, multiple myeloma, Hodgkin's Disease, non-Hodgkin's lymphoma, cancer of the sinuses, respiratory cancer, cancer of the mouth with blindness, and prostate cancer are not reopened due to lack of new and material evidence.

The veteran's claims for service connection are being remanded due to the need for additional development, including consideration of new medical records and a videoconference hearing.

The Board found that the evidence received since the June 1999 denial is not new and material, thus denying the request to reopen the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's prostate cancer and skin cancer were not incurred or aggravated during military service, within a year thereafter, or as a result of exposure to ionizing radiation. As such, service connection for these conditions is denied.

The Board denied the veteran's claim for an increased rating for his service-connected residuals of a shell fragment wound to the right thigh and denied his claim for service connection for prostate cancer. The veteran's prostate cancer was not shown to be related to his military service.