Prostate cancer decisions — 2009

The Board has determined that the appellant's application for retroactive benefits under Chapter 35 was timely filed, and therefore grants this issue.

The Veteran's prostate cancer was not incurred in or aggravated by active service, and there is no competent evidence of a nexus between his prostate cancer and service. The Board finds that the preponderance of the evidence is against the claim.

The Board denied the appellant's claims for service connection for Paget's disease and prostate cancer for accrued benefits purposes, finding that these conditions were not incurred or aggravated by military service.

The Board denied the Veteran's claims for service connection for peripheral neuropathy and prostate cancer, finding that new and material evidence had not been submitted to reopen these previously denied claims.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus and prostate cancer, finding no credible evidence of herbicide exposure in Vietnam. The conditions were not shown to be related to his active duty service.

The Veteran's claims for service connection for type II diabetes mellitus and prostate cancer are being remanded due to the need for additional development, including verification of herbicide exposure.

The Veteran's status post prostatectomy for prostate cancer and interstitial cystitis is currently rated at 60 percent, which reflects the severity of urinary incontinence requiring an appliance or absorbent materials changed more than four times per day. The appeal was denied as his condition did not warrant a higher rating.

The Board has remanded the case due to issues related to accrued benefits and service connection for the cause of death. The appellant's claim is inextricably intertwined with her claims for DIC benefits, which must be adjudicated first.

The Board found that the reduction of the Veteran's disability rating from 100 percent to 40 percent, and later to 60 percent effective April 1, 2005, was proper. The claim for a higher evaluation is denied as there is no evidence of active prostate cancer or renal dysfunction.

The Veteran seeks service connection for various cancers, including prostate cancer, bladder cancer, melanoma under the eye, and Merkel cell carcinoma of the left knee. The claims are being remanded to obtain a medical opinion regarding whether these conditions are related to sun exposure during service.

The Board denied the Veteran's claims for service connection for prostate cancer, bilateral hearing loss, and tinnitus. The decision found that there was no evidence linking these conditions to his time in active duty or inactive duty training.

The Board found that the Veteran's skin cancer, kidney cancer, and prostate cancer were not present during service or for many years thereafter, and there is no medical evidence of a nexus between any of these disabilities and any incident of service, to include claimed exposure to ionizing radiation.

The Veteran's claim for an effective date prior to June 2, 2006 for service connection for prostate cancer with erectile dysfunction is denied. The effective date of the grant of service connection was fixed at June 2, 2006 as it is the date the Veteran's claim was received.

The Board has remanded the case for further development and consideration, including determining whether new evidence supports reopening of claims for service connection for diabetes mellitus and prostate cancer, as well as assigning effective dates for increased evaluations.

The Board has granted effective dates of August 6, 2001 for the awards of service connection for prostate cancer, erectile dysfunction, and special monthly compensation based on loss of use of a creative organ.

The Veteran's prostate cancer residuals are granted as service connection is established due to presumed exposure to herbicides during his Vietnam service.

The Board denied the Veteran's claim for an initial higher rating and effective date earlier than April 12, 2006, for service connection of prostate cancer, status post radiation treatment.

The Board found that the appellant's prostate cancer was not incurred in or aggravated by service, nor can it be presumed to have been incurred therein. The claim for service connection is denied.

The Veteran's diabetes mellitus is rated at 20 percent, which is the maximum rating available under the applicable diagnostic code. The impotence and residuals of prostate cancer are not service-connected or do not meet the criteria for a compensable rating.

The Veteran's prostate cancer residuals do not meet the criteria for a higher evaluation as his symptoms are consistent with a 20 percent rating based on urinary frequency and nocturia.