Prostate cancer decisions — 2009

The Board denied service connection for the claimed respiratory disorder, prostate cancer with bladder polyps, traumatic arthritis of the right shoulder, nephrosclerosis, gout, and aortic valve replacement due to lack of evidence of in-service asbestos exposure or other relevant exposures.

The Veteran's prostate cancer was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. The claim for service connection is denied.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on a need for regular aid and attendance of another person or on account of being housebound.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining gainful employment.

The Veteran's claims for service connection for diabetes mellitus type II, hypertension, prostate cancer, and rheumatism are being remanded due to the need for additional development regarding his claimed herbicide exposure.

The Board determined that the Veteran's cause of death was not caused by or substantially contributed to by a disability incurred in or aggravated by his active duty service, and thus denied the claim for service connection.

The Veteran's appeal was dismissed due to his death.

The Board denied the Veteran's claims of service connection for various conditions, including prostate cancer, melanoma, basal cell carcinoma, diabetes mellitus with peripheral neuropathy, and skin disorders, all claimed as secondary to herbicide exposure. The evidence did not support a finding that these conditions were related to his active service or to herbicide exposure.

The Board has granted service connection for tinnitus and denied the remaining claims. Service connection is granted for tinnitus as it was incurred in service.

The Board has determined that the Veteran's claimed conditions, including prostate cancer, coronary artery disease, right knee and shoulder disabilities, and lumbar spine condition, are not related to his active service.

The Veteran's claim for service connection for prostate cancer, to include as due to exposure to Agent Orange, was denied because there was no evidence of a current diagnosis at the time of his death.

The Veteran's appeal is being remanded for additional development, including obtaining a recalculation of his total REM exposure based on his service as an x-ray technician from December 24, 1945 to December 3, 1946.

The Veteran's claimed disabilities are not presumed to have been incurred in service due to exposure to ionizing radiation. The Board finds that the evidence does not support a finding of service connection for any of these conditions.

The Veteran's claim of entitlement to service connection for prostate cancer was received on November 9, 2005. The effective date cannot be prior to this date as it is the earliest possible date based on the facts found.

The Board has remanded the case for a review of new evidence submitted by the Veteran and to issue a supplemental statement of the case.

The Board found that the Veteran's prostate cancer was not present during service or within one year thereafter, and there is no evidence linking it to his military service. The preponderance of the evidence does not support a finding that the Veteran's exposure to non-ionizing radiation caused his prostate cancer.

The Veteran's appeal is being remanded for further development to determine if his military duties in Korea involved travel or work at the DMZ, where herbicides were used. The claim will be re-adjudicated after this development.

The Veteran's service-connected disabilities, combined at 90%, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran claims service connection for postoperative prostate cancer, which he alleges is related to herbicide exposure during his time aboard the USS Constellation. The case must be remanded to verify the Veteran's claimed TAD at Da Nang Air Base and to conduct further research by the Marine Corps University Archive.

The Veteran's prostate cancer was not incurred in or aggravated by service, and the Board found that it is unrelated to his exposure to ionizing radiation.