Prostate cancer decisions — 2009

The Veteran has withdrawn his appeals for increased ratings on depressive disorder and prostate cancer, as well as an earlier effective date for TDIU.

The Veteran's claim for SMC based on the need for regular aid and attendance has been granted due to his service-connected disabilities, which include hypertension with left ventricular hypertrophy and probable old myocardial infarction, depression with cognitive disorder associated with residuals of cerebrovascular accident, prostate cancer with impotence, dermatitis breast and arms, history of hepatitis, and residuals of cerebrovascular accident with right upper extremity hand weakness. The Veteran requires assistance in performing daily activities due to his disabilities.

The Board found that the Veteran's prostate cancer had been effectively treated and no longer required a 100% disability rating, hence reducing it to 40%. The residuals of prostate cancer include urinary incontinence and increased voiding frequency.

The Board has determined that the reduction from a 100% rating to a 40% rating for prostate cancer was proper, effective October 1, 2005. The Veteran is now rated at 60% for residuals of prostate cancer.

The Veteran's claim for an increased rating for prostate cancer residuals was denied. The effective date of the award remains March 25, 2005.

The Board found that the appellant's prostate cancer is not related to his military service, and specifically denied service connection on a direct basis due to lack of evidence of exposure to Agent Orange. The claim was ultimately denied.

The Board has remanded the case for further development and review of the issues related to service connection, including prostate cancer, low back disorder, herpes, and chronic obstructive pulmonary disease. The effective date for the grant of service connection for prostate cancer is being reviewed.

The Veteran's adjustment disorder with mixed emotional features is currently rated at 10 percent, effective from the date of his claim. The reduction of his prostate cancer rating from 100 to 10 percent was denied.

The Veteran's claims for an earlier effective date and increased ratings were denied as the earliest date of claim was September 20, 2007. The Veteran's prostate cancer residuals are rated at 20 percent, and erectile dysfunction is not compensable.

The Veteran's prostate cancer is being remanded for additional development to determine if it is related to his service, specifically exposure to TCE.

The Veteran's death was caused by pulmonary fat emboli, which were not related to his service-connected conditions. The Board found that the service-connected prostate cancer and PTSD did not cause or materially contribute to the Veteran's death.

The Veteran's claim for service connection for prostate cancer, which he contends is related to herbicide exposure in Vietnam, was denied. The Board found that there was no evidence of such exposure and the medical opinions linking prostate cancer to Agent Orange were not probative due to the lack of service in Vietnam. The issue of a rating in excess of 10 percent for osteoarthritis of the left wrist remains pending.

The Veteran's residuals of prostate cancer resulted in the usage of absorbent pads that required changing 2 times per day from November 30, 2006 to January 26, 2009. On and after January 26, 2009, the Veteran's residuals of prostate cancer resulted in the usage of absorbent pads that required changing 6 to 7 times per day. The Board granted a 40 percent rating for the period from November 30, 2006 to January 26, 2009 and a 60 percent rating on and after January 26, 2009.

The Veteran's claim for service connection for prostate cancer, linked to exposure to herbicides during his time at NAS Atsugi in Japan, is being remanded due to the need for further verification of Agent Orange exposure.

The Veteran's claim for an increased disability rating for his service-connected prostate cancer residuals was granted, with a 20 percent rating effective August 1, 2005.

The Board denied the Veteran's claims for service connection for left ear hearing loss and prostate cancer, finding that there was no evidence linking these conditions to his military service.

The Veteran's appeal is currently before the Board due to a remand for additional development, including obtaining medical records and scheduling examinations. The issues are whether he should receive an increased disability rating for prostate cancer residuals and whether he qualifies for TDIU.

The Board denied service connection for prostate cancer. The claim of service connection for a left thigh and leg disability was remanded but ultimately denied.

The Veteran's claim for an effective date prior to December 9, 2004 for service connection and a convalescent rating for prostate cancer was denied as no formal or informal claims were received before that date.

The Veteran's disability from residuals of prostate cancer, post-radical prostatectomy requires the use of absorbent materials which must be changed at least two times per day and sometimes three times a day. The Board finds that this symptomatology more closely approximates the criteria for a 40 percent disability rating.