Prostate cancer decisions — 2007

The Board denied the veteran's claims for service connection for restrictive lung disorder with dyspnea on exertion and fibromyalgia, both claimed as due to Agent Orange exposure. The appeals were remanded for further action.

The Board denied service connection for various conditions, including a lumbosacral strain, residuals of excision of warts on the right hand, residuals of frostbite of the nose, and fractures of the fingers and ribs. Service connection was also denied for hemorrhoids, heart condition, prostate cancer, and right ear hearing loss.

The Board has denied the veteran's claim for service connection for sleep apnea, including as secondary to his service-connected prostate cancer, COPD, low back strain, and right shoulder disorder.

The Board has determined that the veteran's service-connected residuals of prostate cancer should not have been reduced to a 60% rating from January 5, 1999, to December 8, 2000, and from October 1, 2002. The veteran was rated at 60% for voiding dysfunction during these periods.

The veteran's prostate cancer disability is rated at 60 percent since March 28, 2005.,Prior to that date, the veteran was granted a 40 percent rating.

The Board has determined that the veteran's prostate cancer did not have its onset during service and is not otherwise related to his military service, including exposure to radiation from radar equipment. Therefore, the claim for service connection for prostate cancer is denied.

The veteran's service-connected disabilities, including prostate cancer and depression secondary to prostate cancer, are found to be so severe that they prevent him from securing or following a substantially gainful occupation. As his combined disability rating is at least 70 percent, he is granted TDIU benefits.

The Board found that the cause of the veteran's death, metastatic prostate cancer, was not service-connected. The appellant also did not meet the criteria for DIC under 38 U.S.C.A. § 1318 due to her husband having a combined total disability rating based on individual unemployability (TDIU) prior to his death.

The veteran's prostate cancer was not directly incurred in or aggravated by service, nor is it presumed to have resulted from exposure to ionizing radiation. The evidence does not support the claim of exposure to ionizing radiation during service.

The Board denied a higher initial rating for prostate cancer, status post radical cystoprostatectomy, finding that the evidence did not meet the criteria for an increased disability rating.

The Board has determined that the veteran's prostate cancer, post-brachytherapy treatment, does not warrant a disability rating in excess of 20 percent due to no local recurrence or metastasis and predominant voiding dysfunction.

PTSD symptoms more nearly approximate a 50 percent rating.,The service-connected status post residuals of right radical orchiectomy for seminoma with embryonal carcinoma of the right testicle and atrophy of the left testicle with hypogonadism do not meet the criteria for a higher rating.,There is no evidence of a lung disorder (claimed as tuberculosis, sarcoidosis/pneumonitis, respiratory disorder, lung disorder, breathing problems, and lung cancer secondary to carcinoma of the right testicle) incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Chest pain is not a distinct disability for VA disability compensation purposes.,Peptic ulcer disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,GERD was not incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Degenerative joint disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Low back pain is not a distinct disability for VA disability compensation purposes.,Claudication (also claimed as peripheral vascular disease) was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Obesity was not incurred in or aggravated by active military service.,Dyslipidemia is not a disability for VA disability compensation purposes.

The Board denied the veteran's claims for restoration of a 100% evaluation and entitlement to a disability rating in excess of 40% for his service-connected prostate cancer, finding that the reduction from 100% was proper but the current 40% evaluation was not appropriate.

The veteran's prostate cancer was not incurred or aggravated during service, and the claim for service connection is denied.

The Board found that the veteran's cause of death was not related to service-connected conditions and denied both claims for service connection for cause of death and DIC under section 1318. The veteran had prostate cancer at the time of his death, but there is no evidence linking this condition to service.

The Board denied the veteran's claims for service connection for CAD, COPD, diabetes mellitus, and prostate cancer, finding that these conditions were not related to his military service or asbestos exposure.

The VA denied the veteran's claim for service connection of prostate cancer, finding that it did not manifest during or within one year after his military service and is not related to any incident in service.

The Board has determined that the veteran does not have any current disabilities related to his service, and therefore denied all of his claims for service connection.

The veteran's death was due to metastatic colon carcinoma, and the appellant is seeking service connection for his cause of death based on prostate cancer linked to herbicide exposure in Vietnam. The appeal is remanded to obtain additional medical records and determine if the veteran served in Vietnam.

The Board found no evidence of service connection for prostate cancer, melanoma, or eye blistering due to exposure to ionizing radiation, herbicides, or asbestos. The veteran's claims were denied.