Prostate cancer decisions — 2007

The Board finds that the preponderance of the evidence is against the veteran's claim for service connection for a cervical spine disability, including degenerative arthritis and radiculopathy at C6-7. The veteran's available service medical records do not show treatment for a cervical spine injury or disorder during his military service. There is no objective evidence of continuity of symptomatology after service. The initial demonstration of the disability at issue, years after service, is too remote from service to be reasonably related to service. No competent clinical evidence relates the veteran's current cervical spine disability to his military service.

The veteran's claim for service connection for prostate cancer was received on July 31, 2003. The effective date for this grant is set at the date of receipt of the application.

The Board denied the veteran's claims for a compensable rating for his service-connected bilateral inguinal hernia scars and service connection for a middle back disorder and prostate cancer. The VA examiner found no recurrence of either the left or right inguinal hernias, and there was no evidence of functional impairment due to scarring.

The Board found that prostate cancer was not incurred in or aggravated by active service and may not be presumed to have been incurred in service.

The Board has determined that the veteran's prostate cancer, primarily manifested by urination frequency of 60 to 90 minute intervals during the day and nocturia every couple of hours per night, warrants a rating of 20 percent.

The Board found no evidence of asbestos exposure during service and concluded that the veteran's current mesothelioma and prostate cancer are not related to his military service.

The Board denied the veteran's claims for service connection for prostate cancer and diabetes mellitus, Type II, both secondary to Agent Orange exposure. The evidence did not meet the criteria for reopening the claim of service connection for prostate cancer.

The Board has determined that the veteran had prostate cancer during his military service and granted service connection for this condition.

The veteran's claim for an earlier effective date for prostate cancer service connection was denied, and his request to extend the 100% rating beyond July 31, 2003 was also denied.

The Board denied the veteran's claim for an earlier effective date for special monthly compensation based on need for aid and attendance, finding that he did not meet the criteria for such benefits prior to November 3, 2004.

The VA denied the veteran's claim for service connection for prostate cancer, concluding that there was no evidence of a current disability or a relationship between his current condition and his military service.

The Board has determined that the veteran's prostate cancer residuals, which include urinary incontinence requiring absorbent materials changed more than twice daily, do not warrant a higher disability rating.

The veteran's claim for an earlier effective date for SMC based on loss of use of a creative organ was denied as the earliest possible effective date is June 1, 2004.

The Board found that the veteran's prostate cancer is not service-connected due to lack of evidence linking it to his in-service exposure to ionizing radiation.

The Board found that the veteran's prostate cancer did not warrant an initial evaluation in excess of 40 percent from August 24, 2003 to November 29, 2006. The veteran was rated at 40 percent for this period.

The veteran's claims for service connection for prostate cancer and headaches, including as secondary to tinnitus, were denied. The veteran's bilateral hearing loss was rated at 40 percent since June 7, 1978.

The Board found that the veteran's prostate cancer was not incurred or aggravated in service and is not related to his service-connected prostatitis with left epididymitis. Therefore, service connection for prostate cancer was denied.

The Board has ordered remand to verify the appellant's service in Vietnam and to schedule a VA examination for hypertension. The claims will be reconsidered based on this additional evidence.

The veteran's prostate cancer residuals are rated at a 60 percent rating, effective from the date of this decision. The highest assignable rating for voiding dysfunction is 60 percent.

The Board has denied the veteran's claims for service connection for post-concussion syndrome and prostate cancer, finding no evidence of a current diagnosis or relationship to service.