Prostate cancer decisions — 2009

The Veteran's appeal is being remanded for a Board videoconference hearing due to his inability to attend the scheduled hearing.

The Board denied the Veteran's claims for service connection for prostate cancer as a result of exposure to ionizing radiation, finding that there was no reasonable possibility that his prostate cancer resulted from such exposure. The Chief Public Health and Environmental Hazards Officer concluded it is unlikely that the Veteran's prostatic adenocarcinoma can be attributed to radiation exposure while in military service.

The Veteran's appeal is being remanded due to the lack of evidence confirming his presence in Vietnam, which would allow for presumptive service connection based on Agent Orange exposure. The RO must verify if the Veteran was exposed to herbicides while serving in Thailand.

The Board has granted service connection for prostate cancer and a cervical spine disorder, finding that the Veteran's conditions are related to his active duty service. The decision also reopened the claim for service connection for prostate cancer.

The Board has determined that the Veteran's prostate cancer was not incurred in or aggravated by military service, and may not be presumed to have been so incurred due to lack of exposure to Agent Orange. The claim for service connection is therefore denied.

The Board has determined that the Veteran's diabetes mellitus type II and prostate cancer are related to his active service, with the benefit of doubt given in favor of the Veteran. The exposure basis is considered 'none' as there was no actual service in Vietnam or documented herbicide exposure.

The Veteran's prostate cancer was not incurred in or aggravated by service, including exposure to herbicides while serving in Korea. The Board found that the Veteran did not serve with a unit recognized as being along the Korean DMZ and there is no evidence of actual exposure to herbicides containing Agent Orange.

The VA medical opinion found that the Veteran's service-connected PTSD did not substantially and materially contribute to his death from metastatic prostate cancer, cardiorespiratory arrest, or hypostatic pneumonia/renal failure.

The Veteran's claims for service connection for a skin disorder other than skin cancer and prostate cancer have been reopened, and he is now entitled to compensation. Service connection has also been granted for injured teeth due to trauma, with an initial rating of 10 percent effective September 15, 2003. The claim for increased rating for residuals of head injury, including dizziness, remains pending.

The Veteran's claims for service connection for prostate cancer and anal fistula and abscess have been denied as there is no evidence of a link between these conditions and his military service.

The Board has determined that the claims for service connection for prostate cancer and malignant melanoma need further development due to incomplete records and a need for additional medical opinions.

The Board has determined that the Veteran's claimed conditions are not service-connected, as there is no competent evidence of their onset or association with his military service.

The Veteran claims service connection for prostate cancer with metastasis to the right humerus, which he asserts is due to exposure to ionizing radiation during his military service. The case was remanded for further development including verification of any potential radiation exposure.

The Veteran's service connection claims for hematuria, bladder disorder, liver disorder, cystic kidneys, prostate cancer, and bilateral posterior subcapsular cataracts are all granted. The Veteran is presumed to have been sound at the time of entry into active duty.

The Board found that the reduction from a 100% to a 20% rating for service-connected residuals of prostate cancer was proper. The Veteran's appeal regarding a higher disability rating is still pending.

The Veteran's residuals of prostate cancer, which were rated at 20 percent prior to April 25, 2002 and again after March 29, 2008, was found to warrant a 40 percent rating between these dates.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that there was no clear diagnosis or treatment for prostate cancer in the record and concluding that the Veteran did not die from a service-connected disability.

The Veteran's claims for service connection for right knee pain, prostate cancer, and left shoulder disability were denied. The claim for GERD was granted with a 10 percent evaluation effective from November 1, 2003.

The Veteran's claims for increased evaluation of prostatitis and service connection for prostate cancer, claimed as secondary to or aggravated by service-connected prostatitis, were denied. The Board found no evidence of chronic prostatitis and concluded that the Veteran's prostate cancer was not caused or aggravated by his service-connected prostatitis.

The Veteran's appeal is remanded for proper issuance of a Statement of the Case and to provide him an opportunity to perfect his appeal. The case will be returned to the Board after any necessary development.