Prostate cancer decisions — 2009

The Board remands the claims for service connection for lung cancer, prostate cancer, diabetes mellitus, and gastroesophageal reflux disease to the RO/AMC for further development.

The Board finds that the preponderance of the competent and probative evidence is against the veteran's claim for service connection for prostate cancer, claimed as secondary to renal cell carcinoma and/or service-connected status postoperative right inguinal hernia.

The Board denied service connection for a left ankle disorder with left foot degenerative joint disease and prostate cancer, finding no evidence of a relationship to the veteran's active military service.

The veteran's case must be remanded to the RO for scheduling a videoconference Board hearing due to his request and the need to comply with due process.

The Veteran's diabetes mellitus was rated at 40 percent, and his post-operative residuals of prostate cancer were not found to warrant a rating higher than the currently assigned levels.

The veteran's service-connected residuals of prostate cancer were rated as noncompensably disabling from January 4, 2007, and then increased to 40 percent disabling from August 24, 2007, but not beyond.

The appeal is remanded to the RO for further development, including verification of asbestos exposure and an opinion on whether in-service ionizing radiation caused prostate cancer.

The veteran's initial disability rating for residuals of prostate cancer was increased to 60 percent effective February 1, 2006.

The Board remanded the issue of whether the rating reduction from 40 percent to a noncompensable for prostate cancer, effective February 1, 2009, was proper.

The Board denied service connection for prostate cancer and diabetes mellitus as the evidence did not support a finding that these conditions were incurred in or aggravated by active military service, nor could they be presumed to have been incurred due to herbicide exposure.

The appeal is remanded to the RO for further development and consideration of the veteran's claim for service connection for prostate cancer, to include as due to Agent Orange exposure.

The Board denied the veteran's claim for service connection for prostate cancer, as there was no competent evidence showing that the condition was related to his exposure to ionizing radiation during service.

The Board found that the veteran's service-connected prostatectomy due to prostate cancer warranted a 40 percent evaluation effective from July 1, 2005.

The veteran's disability rating for residuals of prostate cancer was reduced from 100 percent to 20 percent, then increased to 40 percent. The Board found that a higher rating was not warranted prior to June 15, 2006, but an increase to 40 percent was appropriate starting on that date.

The Board denied the claim for service connection for prostate cancer, to include as due to exposure to herbicide agents.

The Board denied service connection for prostate cancer, prostatitis and benign prostatic hypertrophy due to a lack of evidence linking these conditions to the veteran's active duty service or exposure to herbicides.

The case is remanded for additional development, including a possible VA examination and consideration of staged ratings.

The Board denied the veteran's claims for service connection for prostate cancer and a thyroid disorder, as there is no evidence to support that these conditions are related to his exposure to ionizing radiation during service.

The veteran's claims for service connection for prostate cancer, respiratory cancer, bilateral hearing loss, tinnitus, a respiratory disability manifested by colds, and a gastrointestinal condition manifested by indigestion were denied as there was no evidence of these conditions being incurred in or aggravated by his military service.

The veteran was granted a 20 percent disability rating for residuals of prostate cancer prior to November 18, 2005, and the ratings were not increased. The veteran's erectile dysfunction did not warrant a compensable rating.