Prostate cancer decisions — 2008

The veteran's claims for service connection for lung cancer and prostate cancer were not granted prior to the effective dates of the presumptive provisions, so an earlier effective date is denied.

The veteran's residuals of prostate cancer, status post IMRT are rated as a 20 percent evaluation for urinary frequency. The Board also granted special monthly compensation (SMC) based on loss of use of a creative organ.

The Board has determined that the veteran's prostate cancer, diagnosed in March 2004, is presumptively service-connected due to herbicide exposure during his Vietnam-era service.

The Board denied the veteran's claim for an earlier effective date for service connection of prostate cancer, finding that the earliest possible effective date is May 17, 2001. The decision was based on the fact that the veteran did not file a formal or informal claim prior to this date and that his diagnosis of prostate cancer occurred in 1998.

The Board has granted service connection for somatoform pain disorder, prostate cancer (as a result of undiagnosed illness), severe restrictive lung disorder, and hiatal hernia with gastroesophageal reflux disorder. The veteran's abdominal disability is not service-connected. A rating of 100% was assigned for the lumbar spine condition.

The Board found that the veteran does not have a chronic prostate disorder including cancer that was incurred in or aggravated by service, nor can it be presumed to be due to service. The malaria has been asymptomatic and not recurrent for many years.

The veteran is seeking a total disability rating based on individual unemployability due to his service-connected disabilities. The RO has remanded the case for additional development, including obtaining medical records and arranging for examinations of all service-connected disorders.

The veteran is entitled to a disability rating of 60 percent for status post radical retropubic prostatectomy due to prostate cancer and urethral stricture, effective October 1, 2004.

The veteran's residuals of prostatectomy are currently rated at 40 percent, which is the maximum rating available under Diagnostic Code 7528.,Service connection for post-traumatic stress disorder has been granted and a 30 percent rating has been assigned.

The Board has determined that new and material evidence was not received to reopen the claim for degenerative joint disease of the right hip. The claim for service connection for prostate cancer, which is presumed due to herbicide exposure, was also denied.

The Board denied the veteran's claims for service connection for prostate cancer, liver disease (claimed as cysts of the liver), and loss of use of a creative organ due to herbicide exposure. The evidence did not support a finding that these conditions were related to his military service.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for residuals of malaria.,Service connection is denied for coronary artery disease as there is no evidence showing a direct link between active service and current heart condition, nor does it show an onset within one year post-service. The veteran's prostate cancer also lacks sufficient evidence linking his military service to his current condition.

The VA denied the veteran's claim for service connection for prostate cancer, to include as a result of Agent Orange exposure. The Board found that there is no evidence of diagnosed prostate cancer in the record.

The veteran's prostate disorder, characterized by urinary frequency and weak stream, warrants a 20 percent disability rating. The erectile dysfunction is rated as noncompensable. Service connection for kidney cysts and a skin disorder are not established.

The veteran's death was caused by sepsis due to staphylococcus infection, and other significant conditions contributing to his death were COPD, diabetes, vascular Dementia, Alzheimer's Dementia, prostate cancer, and myocardial infarction. The Board is remanding the case for further development including a file review by an appropriate examiner to determine if there is a causal nexus between any service-related event and the cause of the veteran's death.

The veteran's application for Service Disabled Veterans' Insurance (RH) was denied because his mortality ratio of risk due to nonservice-connected skin cancer exceeded the maximum allowed by VA standards.

The Board denied a compensable initial disability rating for bilateral hearing loss and found that the veteran's service-connected prostate cancer warranted a 20 percent disability rating, effective May 1, 2004. The issue of an increased disability rating for prostate cancer is remanded.

The veteran's prostate cancer, diagnosed in 2004 and treated with a laparoscopic radical prostatectomy, is related to his service due to his history of recurrent prostatitis during service. The Board has determined that the veteran's prostate cancer was incurred in service.

The VA did not find that the veteran's impotence, urinary and stool incontinence were caused by carelessness or negligence on the part of VA during prostate cancer treatment. The Board found no evidence to support a finding that these conditions resulted from VA treatment.

The claim for a total disability rating based on individual unemployability is being remanded due to the need for further development, including obtaining a VA examination and determining the current severity of service-connected conditions.