Prostate cancer decisions — 2007

The veteran is seeking service connection for prostate cancer, which he claims was caused by exposure to Agent Orange during his military service. The case has been remanded due to the need for additional development and correction of VCAA notice.

The veteran's claim for an effective date prior to June 25, 2004, for service connection of prostate cancer was denied as the earliest claim was received on June 25, 2004.

The Board has reopened the claim for service connection for cause of death due to new and material evidence, but finds that service connection is not warranted as there is no competent evidence showing a link between any diagnosed conditions and active service.

The Board found that the veteran's preexisting bilateral hearing loss did not increase in severity during service and denied his claim for service connection.

The Board has granted service connection for type II diabetes mellitus and prostate cancer, both associated with herbicide exposure during service.

The Board denied the veteran's claims for service connection for right ear melanoma, prostate cancer, and right arm actinic keratosis. The conditions were not shown to be related to service or due to exposure to ionizing radiation.

The veteran died from liver failure and prostate cancer, but the cause of death was not service-connected. The Board found that there is no evidence linking the veteran's prostate cancer or liver failure to his active service.

The Board found that the veteran's treatment at the CCMH on February 2, 2002 was not emergent in nature and thus did not meet the criteria for reimbursement or payment of unauthorized medical expenses.

The Board denied the veteran's claims for service connection for prostate cancer, gallbladder or stomach condition, and body stiffness, all claimed as due to exposure to ionizing radiation. The evidence did not support a finding of in-service disease or injury related to these conditions.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including a specific opinion from a VA examiner regarding whether treatment would have been different if initiated in 1999.

The Board has remanded the case due to an unprocessed statement of the case for the issue of service connection for benign prostatic tissue with focal chronic prostatitis, claimed as prostate cancer.

The veteran seeks service connection for prostate cancer and its residuals, including cystitis, bladder resection, urethral stricture, chronic proctitis, and impotency. The RO is directed to verify exposure to herbicides or arsenic at Fort Riley, Kansas, from July 1967 to July 1969, and Fort Ord, California, from November 1966 to February 1967. If confirmed, the veteran will be afforded a VA examination to determine if his prostate cancer and residuals are related to service.

The Board granted service connection for prostate cancer with an effective date of April 17, 2003. The veteran's claim for earlier effective dates was denied.

The veteran's claim for an initial rating in excess of 20 percent for fatigue associated with prostate cancer is denied.,The veteran's claim for a compensable rating for surgical scar, midline lower abdomen associated with prostate cancer is denied.,Evidence received since the February 1981 RO decision does not relate to an unestablished fact necessary to substantiate the claim of service connection for back disability and thus the claim remains in its final status.

The Board denied the veteran's claim for service connection for prostate cancer, finding no evidence linking the condition to his service or a service-connected disability.

The veteran's service-connected diabetes mellitus type II is rated at 20 percent, effective August 30, 2002. The earlier effective date for his service-connected prostate cancer was granted on the same day.

The Board has determined that the veteran's service-connected residuals of prostate cancer do not meet the criteria for a restoration of a 100% rating or an evaluation in excess of 40%. The highest assignable rating for voiding dysfunction is 60%, which is granted. No higher ratings are provided as renal failure is not present.

The Board found that the grant of service connection for prostate cancer was clearly and unmistakably erroneous due to the veteran's service in Thailand, not Vietnam. As a result, the decision to sever service connection for prostate cancer is upheld.

The Board has denied the veteran's claims for service connection for aspermia, prostate cancer, and vitiligo due to a lack of evidence linking these conditions to his exposure to ionizing radiation in service.

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