Prostate cancer decisions — 2009

The Board found that the Veteran's bladder cancer and prostate cancer were not related to his service, including exposure to asbestos and lead-based paint.

The Veteran's BPPV is currently rated at 10 percent, but the Board finds that a higher initial rating of 30 percent is warranted.,For his prostate cancer postoperative residuals, he was initially granted a 20 percent rating and now seeks an increased rating to 30 percent.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling a VA genitourinary examination. The Veteran's prostate cancer is claimed as secondary to exposure to trioctyl phosphate during military service.

The Board has remanded the case for further development due to alleged herbicide exposure in Okinawa, Japan. The Veteran's claim of service connection for prostate cancer is being reconsidered based on this new information.

The Board has remanded the case to obtain additional information and evidence, including medical records from the Veteran's service and any risk factors for hepatitis C.

The Veteran's claims for service connection for diabetes mellitus and prostate cancer, both claimed as due to herbicide exposure, have been dismissed due to the death of the Veteran.

The Veteran died from Parkinson's disease and other conditions, but his claims for service connection were denied. As he was not receiving VA compensation or pension benefits at the time of death, burial benefits are denied.

The Veteran's genitourinary condition (other than prostatitis) to include prostate cancer and its residuals is not service-connected as there was no evidence of radiation exposure during service, and the medical evidence does not support a finding that it is related to service.

The Board found that the reduction of the rating for residuals of prostate cancer from 100 percent to 40 percent was in accordance with the facts and applicable law. The Veteran's residuals of prostate cancer warrant a staged rating of 60 percent from April 1, 2005 through March 8, 2008, and 40 percent from March 9, 2008.

The Veteran's prostate cancer has resulted in erectile dysfunction and absence of ejaculation, warranting a higher rating. The Veteran also has urinary incontinence due to his prostate cancer, which warrants a 40% disability rating.

The Veteran's service-connected disabilities did not cause or contribute to his death. The Board found no causal link between the Veteran's service-connected conditions and the arteriosclerotic heart disease that caused his death, nor was there evidence of continuity of symptomatology post-service.

The Veteran's cause of death was attributed to metastasized bladder cancer, which is not service-connected. The prostate cancer, for which he had a 100% evaluation, did not contribute substantially or materially to his death.

The Board has remanded the case for further development, including obtaining a new medical opinion regarding the relationship between the Veteran's service-connected bile duct cancer and his prostate cancer.

The Veteran's claim for an earlier effective date for service connection of prostate cancer was denied as no formal or informal claim had been filed prior to March 30, 2005.

The Board has not addressed the Veteran's claim for service connection for prostate cancer, but has found that his sarcoidosis with postoperative scars, thoracotomy, and pulmonary fibrosis warrants a 30 percent rating. The Veteran's prostate cancer claim is still pending as new evidence did not meet the criteria to reopen it.

The Veteran's claims for service connection are being remanded due to the need to verify his claimed period of service and obtain his service medical records.

The Veteran's service-connected bowel dysfunction is currently evaluated at the maximum 30 percent evaluation under Diagnostic Code 7319. The reduction of the disability evaluation for residuals of prostate cancer to 40 percent disabling, effective August 1, 2005, was proper.

The Veteran's death was not caused by or substantially contributed to by his service-connected PTSD. The disability did not cause the immediate or underlying cause of death, nor was it etiologically related.

The Veteran's claim of entitlement to a total disability rating for compensation based on individual unemployability is being remanded due to the need for further evidentiary development, including an examination to determine his ability to work given his service-connected disabilities.

The Veteran's prostate cancer was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service, including from Agent Orange exposure.