Prostate cancer decisions — 2009

The Veteran's prostate cancer residuals, including urinary frequency and occasional leakage, are rated at 20 percent effective September 19, 2005.

The Veteran is granted an increased rating of 40 percent for residuals of prostate cancer effective February 7, 2008. Before that date, he was rated at 20 percent.

The Board found that the Veteran did not have service in Vietnam and thus was not exposed to herbicides. The evidence does not show any link between his time in service and any of his claimed conditions, including diabetes mellitus, stomach cancer, esophageal cancer, or prostate cancer. As such, the claims for service connection were denied.

The Veteran's death was not caused by service-connected disability, and the appellant did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for service connection for prostate cancer was denied as there is no evidence of a current diagnosis of prostate cancer, and the Veteran has been diagnosed with bladder cancer instead.

The Board has determined that the Veteran's prostate cancer residuals are due to ionizing radiation exposure during service and grants service connection for this condition.

The Board has granted service connection for a sinus disorder, including upper respiratory infection, sinusitis, and rhinitis. The Veteran's long history of respiratory symptoms during his military service is considered in determining the current condition.,Service connection was also granted for prostate cancer. The VA examiner opined that it was at least as likely as not related to prostatitis experienced by the Veteran during his active duty.

The reduction of the disability rating for prostate cancer from 100 to 40 percent effective on March 1, 2007 was proper as the Veteran's condition did not meet criteria warranting a higher rating.

The Board found no evidence linking the Veteran's current prostate cancer to his military service, including any exposure to ionizing radiation. The claim for service connection was denied.

The Veteran's prostate cancer recurrence was granted a 100% evaluation effective June 17, 2005. The claim for an earlier effective date is denied.

The Veteran's service-connected residuals of prostate cancer have been rated at 10 percent, but the Board has determined that a higher rating of 40 percent is warranted based on urinary incontinence and frequent need to void.

The Board denied the Veteran's claims of service connection for prostate cancer and heart disease, as well as his increased rating claims for arthralgia with gout and right ankle traumatic arthritis. The decision also noted that prior to the hearing, the Veteran withdrew his appeal regarding prostate cancer.

The Board denied the Veteran's claims for service connection for various conditions, including osteoarthritis of the right hip and knee, diabetes mellitus, coronary artery disease (claimed as a heart disorder), left hip dislocation, ocular hypertension, urethra neuritis, and prostate cancer. The evidence did not establish a link between these conditions and service.

The Board has decided that new and material evidence has not been received to reopen the claim of service connection for a heart condition. The issue of entitlement to service connection for prostate cancer remains pending.

The Veteran seeks service connection for prostate cancer, which he claims is related to radiation exposure during Operation WIGWAM atomic testing. The claim must be remanded for further consideration in accordance with the provisions of 38 C.F.R. § 3.311.

The Veteran's service-connected disabilities do not meet the schedular requirements for a total disability rating based on individual unemployability.

The Board found that the reduction from a 100% rating to a 10% rating for residuals of prostate cancer was appropriate and properly implemented. The Veteran's current condition does not meet criteria for a higher than 10% rating.

The Veteran's disability rating for prostate cancer was reduced due to incarceration, but the reduction is upheld as proper.

The Veteran's claim for service connection for prostate cancer is being remanded due to the need for clarification regarding his exposure to herbicides during his time at an Air Force Base in Thailand.

The Board has remanded the case for further development, including obtaining information from the JSRRC regarding the Veteran's alleged herbicide exposure in Thailand and determining whether the appellant may be recognized as the surviving spouse of the Veteran.