Prostate cancer decisions — 2009

The Board denied the Veteran's claims of service connection for allergic rhinitis, back condition (to include arthritis), residuals of prostate cancer, and ulcerative colitis. The evidence did not establish a link between these conditions and his military service.

The Veteran's prostate cancer, heart disease, skin disease, and peripheral neuropathy are being remanded for further examination and opinion due to the possibility of service connection based on exposure to trichloroethylene.

The Board denied the Veteran's claims for service connection for bladder cancer and prostate cancer, finding no competent evidence linking these conditions to his military service or exposure to Agent Orange.

The Veteran's claim of service connection for prostate cancer is being remanded due to the submission of new evidence that may require additional development.

The Veteran's prostate cancer and bladder and urinary incontinence are not service-connected due to lack of evidence linking them to active service. Bilateral hearing loss, tinnitus, and bilateral knee disability were also denied as they are not related to active service.

The Veteran's appeal is being remanded due to the need for a Board hearing. The issues include seeking initial compensable disability ratings for prostate cancer, impotence secondary to prostate cancer, and tinea pedis.

The Veteran's death was caused by metastatic carcinoma of unknown primary, with coronary artery disease as a significant condition. The appellant contends that the cause of death may be related to service-connected prostate cancer due to exposure to Agent Orange in Vietnam. The Board has ordered additional development including obtaining service personnel records and medical records from private physicians.

The Veteran's prostate cancer is presumed to have been incurred in service due to exposure to herbicides. The Veteran's spondylolysis warrants a rating of at least 40 percent.

The Board denied the Veteran's claims for restoration of a 100% rating and an increased rating for prostate cancer, as well as his request for an earlier effective date for discontinuance of withholding military retirement pay from VA disability benefits. The evidence did not support the requested higher ratings or earlier effective dates.

The Veteran's prostate cancer with incontinence and impotence can be presumed to have been incurred in service due to exposure to herbicides, specifically Gulf War Agent Orange exposure. The appeal is granted.

The Board found no evidence of in-service asbestos exposure or a relationship between the Veteran's current prostate cancer and leukemia and his military service. As such, the claims for service connection were denied.

The Board has determined that additional development is needed to determine if the Veteran's diabetes mellitus, type II and prostate cancer residuals are related to his service in Vietnam. The case is REMANDED for this purpose.

The Veteran's prostate cancer was not shown to be related to his service or exposure to ionizing radiation, and thus he is denied service connection for this condition.

The Board has remanded the case due to incomplete records and the need for a VA examination regarding the etiology of the Veteran's prostate cancer, which may be related to service or asbestos exposure.

The Veteran is seeking service connection for prostate cancer and type II diabetes mellitus based on his claimed exposure to herbicides in service. The case is REMANDED due to the need to obtain additional evidence, including service personnel records and medical records from Social Security Administration.

The Veteran's claims for service connection for various cancers have been dismissed due to his death.

The Board found that the reduction of the evaluation for the Veteran's service-connected prostate cancer from a 100 percent to a 60 percent evaluation was proper based on the evidence showing improvement in his condition.

The Veteran's appeal is being remanded for a hearing before the Veterans Law Judge at the Roanoke VARO. The issues on appeal are related to service connection for various conditions allegedly resulting from exposure to ionizing radiation.

The Board has determined that there was clear and unmistakable error in the January 1994 rating decision denying service connection for prostate cancer, and therefore, service connection should be granted.

The Veteran's prostate cancer was rated at 40 percent effective January 28, 2009. The rating for depression remains at 20 percent.