Prostate cancer decisions — 2009

The Veteran's claim for an earlier effective date for prostate cancer was denied as he did not meet the requirements under VA regulations for a retroactive award due to lack of evidence of intent to apply for service connection prior to July 13, 2005.

The Board has determined that there is no competent evidence linking the Veteran's current hypertensive vascular disease to a service-connected condition, specifically prostate cancer with penile dysfunction. As such, the claim for secondary service connection for hypertension is denied.

The Veteran's claim for increased ratings for his service-connected prostate cancer residuals was denied. The initial rating of 20 percent prior to April 3, 2007, and the subsequent increase to 60 percent after that date were both found not to meet the criteria for higher ratings.

The Board found that the Veteran's left ear hearing loss is service-connected due to noise exposure during service. However, there is no evidence linking his prostate cancer to service or Agent Orange exposure.

The Veteran's service-connected residuals of prostate cancer have been rated at 60 percent since May 5, 2009. Prior to that date, the evaluation was increased to 60 percent effective from May 5, 2009.

The Board found that the Veteran's death was not caused or contributed to by his service-connected conditions, and there is no evidence linking any of these conditions to his active duty service.

The Board has determined that the Veteran's erectile dysfunction, which is related to his service-connected prostatitis and prostate cancer, qualifies for special monthly compensation based on loss of use of a creative organ.

The Veteran's claims for service connection are being remanded due to lack of Vietnam service and need further investigation.

The Board has denied the Veteran's claims for service connection for prostate cancer, tinnitus, and a brain tumor. The claim of new and material evidence for a brain tumor was also denied.

The Veteran is entitled to a 30 percent disability rating for residuals of prostate cancer, including obstructed voiding requiring the use of catheterization.

The Board has remanded the case for further development to determine if there is a 50 percent probability or greater that the Veteran's brain cancer was due to radiation exposure in service. Additionally, the claims folder should be referred to a VA physician to offer an opinion as to whether the Veteran's service-connected prostate cancer either caused or contributed substantially or materially to his death.

The Board has determined that the reduction of the disability evaluation from 100% to 30% for prostate cancer residuals was proper, and a rating in excess of 30% is not warranted based on current evidence.

The Board has determined that the Veteran's death was not caused by a service-connected condition, and thus denied his claim for service connection for the cause of death.

The Veteran's prostate cancer is being referred to the Under Secretary for Benefits due to exposure to ionizing radiation during service, and he meets the criteria for presumptive service connection under the PACT Act.

The Veteran's prostate cancer residuals have been rated at 20 percent, which is the highest rating available for voiding dysfunction.

The Veteran's appeal for an increased rating and TDIU was denied. The effective date of the 40% disability rating for prostate cancer, status post radical retropubic prostatectomy is moot as he was already receiving a 100% rating prior to February 1, 2008.

The Board has remanded the case for further development to determine if the Veteran was exposed to herbicide agents in Vietnam, which could establish service connection for prostate cancer.

The Veteran's prostate cancer is being remanded for further examination and opinion regarding its relationship to in-service radiation exposure.

The Veteran's asthma, diabetes mellitus, and prostate cancer were not found to be related to his military service or herbicide exposure.

The Board denied the Veteran's claim for service connection for prostate cancer, including due to exposure to ionizing radiation. The decision is final as the Veteran has died and the Board does not have jurisdiction to adjudicate the merits of this claim.