Prostate cancer decisions — 2007

The Board has reviewed the veteran's claims for service connection for various conditions, including PTSD, bilateral hearing loss, an acquired eye disorder, prostate cancer, low back disorder, and hypertension and cardiac disorders. The appeals are denied as the evidence does not support a finding of service connection for any of these conditions.

The VA denied the veteran's claim for an initial rating in excess of 40 percent for his residuals of prostate cancer, status post radical prostatectomy.

The veteran seeks service connection for prostate cancer due to in-service exposure to herbicides. The case is remanded to secure ship or deck logs from the USS Prime and USS Whippoorwill that may substantiate his claim.

The veteran's prostate cancer and left wrist arthritis were not found to be related to his military service, leading to a denial of the claims.

The Board has determined that additional development is necessary before the claim for service connection for prostate cancer, including as due to herbicide exposure can be adjudicated. The veteran's representative argues that VA did not search the appropriate locations for verification of whether Agent Orange was ever transported by his unit.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's prostate cancer is not related to his military service, including any exposure to ionizing radiation. The claim for service connection is denied.

The veteran's appeal is remanded for further development regarding his prostate cancer, including asbestos exposure and medical x-rays during service. The RO must also provide proper VCAA notice and arrange for a VA examination to determine the etiology of his prostate cancer.

The veteran's service-connected residuals of prostate cancer are not shown to warrant a rating in excess of 60 percent, and his claim for TDIU is being remanded.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claim for service connection for prostate cancer. The evidence considered did not show treatment for prostate cancer during service or within the presumptive period, nor a relationship between prostate cancer and chemical exposure.

The Board has determined that the veteran's service-connected prostate cancer, status post radical retropubic prostatectomy is manifested by urinary frequency and hesitancy with continuous leakage requiring absorbent materials changed more than four times a day. The disability meets the criteria for a 60 percent rating under the criteria for voiding dysfunction.

The Board denied the veteran's claim for an initial compensable evaluation for residuals of a radical prostatectomy between August 1, 2002 and October 6, 2006, and in excess of 20 percent thereafter. The RO had previously awarded service connection based on liberalizing legislation.

The Board has determined that the veteran's residuals of prostate cancer warrant a 20 percent initial disability rating, but no higher.

The veteran's claim for service connection for prostate cancer due to inservice exposure to ionizing radiation is being remanded for additional development.

The veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for additional medical opinions regarding his service-connected disabilities and their impact on his ability to work.

The Board has denied the veteran's claims for service connection for prostate cancer as a result of herbicide exposure and for cause of death due to malignant thymoma. The appellant is advised that she needs to file a substantive appeal if she wishes to continue her appeal.

The veteran withdrew his appeal for prostate cancer, leaving only the sinus disorder issue to be decided.

The veteran's service-connected disabilities, including tinnitus and prostate cancer, do not meet the criteria for a TDIU rating as his combined evaluation is 70 percent. The VA examiner found that the residuals of the prostectomy do not prevent him from engaging in substantially gainful employment.

The Board found that prostate cancer was not incurred in or aggravated by service, nor may it be presumed to have been incurred due to exposure to ionizing radiation. The veteran's claim for TDIU also failed as he is not service-connected for any disabilities.

The veteran's death was caused by a laceration of the brain due to a car accident, not related to any service-connected condition. The cause of death is deemed to be willful misconduct.