Prostate cancer decisions — 2009

The Board has remanded the case due to incomplete development regarding the Veteran's exposure to ionizing radiation during service in Oak Ridge, Tennessee. The claim will be reconsidered with this information.

The Veteran's death was not caused by a disease or injury incurred in or aggravated by service, nor did any such disease or injury contribute substantially or materially to his death.

The Veteran's service-connected disabilities are permanent and total, qualifying him for Dependents' Educational Assistance (DEA) under Chapter 35 of the Veterans Benefits Act.

The Veteran's prostate cancer, status post radical prostatectomy, is currently rated at 60 percent as of December 1, 2008. The Board denied the claim for an increased rating.

The Veteran's appeal is being remanded due to the need for a video conference hearing before a Veterans Law Judge.

The Board has remanded the Veteran's claims for hypertension, diabetes mellitus, prostate cancer, and posttraumatic stress disorder due to incomplete records from Lackland Hospital.

The Veteran's claim for a higher rating for prostate cancer and service connection for erectile dysfunction and breast disorder secondary to his prostate cancer was denied. The RO assigned a 100% evaluation for the Veteran's status post brachytherapy, history of prostate cancer effective March 28, 2006.

The Board has determined that the Veteran's type 2 diabetes mellitus and prostate cancer are service-connected due to exposure to herbicides during his active duty in Vietnam.

The Veteran's service-connected residuals of prostate cancer have been rated at 40 percent since October 14, 2008. The VA examiner found that the Veteran had voiding dysfunction and urine leakage requiring the wearing of absorbent materials two to three times per day.

The Veteran's prostate cancer is presumed to have been incurred in service due to exposure to herbicide agents, and his claim for service connection is granted.

The Veteran's claim for service connection for right ear hearing loss is denied. The claims of service connection for heart murmur and prostate cancer due to herbicide exposure are pending as the evidence is insufficient to establish a nexus between these conditions and service.

The Board denied the Veteran's claim of entitlement to service connection for prostate cancer due to Agent Orange exposure because no new and material evidence was submitted, and there is no credible evidence that the condition began in service or within a presumptive period.

The Veteran's claims for prostate cancer, skin cancer, and thyroid cancer due to radiation exposure are being remanded for further development. The claim for retained metallic fragments in the left hand is also being remanded.

The Veteran is not entitled to a higher disability rating for residuals of prostate cancer prior to April 4, 2005 or since April 4, 2005.,The Veteran is not entitled to a compensable disability rating for erectile dysfunction.

The Veteran's prostate cancer was active and warranted a 100% rating from April 29, 2002 to June 8, 2004 due to clear and unmistakable error in the initial noncompensable rating decision.

The Veteran's appeal is remanded due to the need for a VA examination and additional VCAA notice. The case will be returned to the Board after these actions are completed.

The Board has determined that the Veteran's prostate cancer, diabetes mellitus Type 2, and back disorder were not incurred in or aggravated by service and may not be presumed to have been incurred in service, including as a result of exposure to mustard gas or Lewisite.

The Veteran's prostate cancer, status post radical prostatectomy, is currently rated at 40 percent and the RO has determined that a higher evaluation is warranted.

The veteran's claims for service connection for various conditions, including prostate cancer, diabetes mellitus, peripheral neuropathy, hypertension, diabetic retinopathy, and skin cancer, as the result of exposure to herbicides are denied.

The reduction in the rating for prostate cancer from 100 percent to 10 percent was proper, and the effective date remains October 1, 2006.