Prostate cancer decisions — 2009

The Board found that the Veteran's death was not caused by any condition related to his military service, including exposure to radiation during Operation Crossroads. The cause of death was attributed to prostate cancer.

The Veteran's prostate cancer is presumed to have been incurred due to herbicide exposure during service in Vietnam, and the appeal is granted.

The Board found that the Veteran's claims for residuals of thyroid cancer, growths under the chin, and prostate cancer were not supported by evidence showing they were caused or aggravated by mustard gas exposure in service. The Board concluded that there was no credible evidence linking these conditions to his military service.

The Veteran's claims for service connection for diabetes mellitus, type II and prostate cancer were denied as there was no evidence of in-service exposure to herbicides or a nexus between the conditions and active duty.

The Veteran's claim for service connection for bladder cancer and prostate cancer was denied in May 1999. The RO found no evidence of primary prostate cancer or a link between the Veteran's active service and his bladder cancer. His hearing loss claim is granted, but he did not appeal the denial of service connection for prostate and bladder cancer.

The Board denied the appellant's claim for DIC under the provisions of 38 U.S.C.A. § 1151, finding that no additional disability incurred as a result of VA medical care contributed substantially or materially to cause the Veteran's death.

The Board has determined that the Veteran's prostate cancer is not related to his military service, including exposure to Agent Orange. The erectile dysfunction is also not considered secondary to the prostate cancer.

The Board has determined that the Veteran's service records need to be reviewed to confirm if he served in Vietnam, which is a critical element for presumptive service connection. The case will be remanded for this purpose.

The Veteran's claim for an increased evaluation for his service-connected residuals of prostate cancer is being remanded due to the need for additional evidence and a new VA examination.

The Veteran's claim for an earlier effective date for the grant of service connection for prostate cancer was denied as there is no evidence that he filed a claim prior to April 1, 2004.

The Board denied service connection for prostate cancer, diabetes mellitus, type II, and numbness of the bilateral hands and feet as not being supported by competent medical evidence. The Veteran was also denied a compensable rating for his hearing loss.

The Veteran's prostate cancer was not incurred or aggravated during his military service, and there is no presumption of exposure to herbicides in Vietnam. The claim for service connection has been denied.

The Board denied the Veteran's claims for service connection for prostate cancer, peripheral neuropathy of the upper and lower extremities as there was no evidence of a current disability or exposure to herbicides during service.

The Board found that the Veteran's death was not related to his service-connected disabilities or any incident of service, and that the conditions listed on the death certificate were not incurred in or aggravated by his active duty service.

The Veteran's service-connected bilateral hearing loss was rated as noncompensable prior to June 25, 2007, and a 10 percent rating was assigned on and after that date. Service connection for residuals of prostate cancer was denied.

The Board found that the evidence did not support an initial evaluation in excess of 10 percent for residuals of prostate cancer, status-post radical retropubic prostatectomy, or a compensable initial evaluation for acne vulgaris/chloracne.

The Board denied service connection for epilepsy or a seizure disorder, sinusitis, diabetes mellitus, asthma, strokes, heart disability, occlusion of the carotid artery, prostate cancer, bladder cancer, and bilateral visual impairment as there is no evidence that these conditions are related to the Veteran's active military service.

The Veteran is not entitled to a higher rate of SMC for loss of use of a creative organ as the statutory and regulatory rates are fixed.

The reduction from a 100 percent rating to a 20 percent rating for residuals of prostate cancer was proper, and the Veteran is not entitled to an evaluation in excess of 20 percent.

The Board denied service connection for psoriasis, a liver disorder, hepatitis C, a thyroid nodule, residuals of asbestos exposure, residuals of exposure to ionizing radiation, residuals of herbicide exposure, and prostate cancer as the conditions were not related to the Veteran's military service.