Prostate cancer decisions — 2010

The Board dismissed the claim alleging clear and unmistakable error (CUE) in the March 12, 2003 rating decision that assigned effective dates for prostate cancer with erectile dysfunction; diabetes mellitus with eczema and nonproliferative diabetic retinopathy; and peripheral neuropathy of the left and right lower extremities associated with diabetes mellitus.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment, specially adapted housing, or special home adaptation grant.

The Board denied the Veteran's claims for service connection for prostate cancer and polycythemia, finding that his cancers were not caused by ionizing radiation exposure in service.

The Veteran's transitional cell cancer of the urinary bladder with focal invasion of the prostate is not service-connected due to lack of a current diagnosis and no evidence linking it to his active service. The Board finds that he does not have prostate cancer, which would preclude presumptive service connection for Agent Orange exposure.

The Veteran's claims for service connection for diabetes mellitus, prostate cancer, hypertension, and hemorrhoids have been denied as there is no competent evidence linking these conditions to his military service. The claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 has also been denied.

The Veteran's prostate cancer causes him to awaken at least five times per night, warranting a 40 percent rating.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and no asbestos exposure during his period of active service contributed to his death.

The Board found that the appellant's character of discharge for his period of service from January 12, 1965 to July 18, 1969 is a complete bar to VA compensation benefits. Service connection for prostate cancer based on this period of service was denied as a matter of law.

The Board has granted a 70 percent rating for PTSD effective June 26, 2007 and an increased rating of 50 percent for PTSD effective October 15, 2007. The Veteran's claim for prostate cancer was granted with an effective date of June 9, 2005.

The Veteran's prostate and bladder cancers are being remanded for additional development to determine if they were caused by sun exposure during service.

The Veteran's sinusitis is manifested by more than six non-incapacitating episodes per year with pressure, pain, headaches, nasal congestion, nose drainage, nasal sores, yellow and green discharge, foul breath, and two episodes requiring antibiotic use. Therefore, a 30 percent evaluation for sinusitis has been granted.

The Veteran's claims for service connection for diabetes mellitus and prostate cancer are being remanded due to the need to verify his exposure in Vietnam. The case will be reconsidered after additional development.

The Veteran's service-connected coronary artery disease status post coronary artery bypass graft does not warrant a rating higher than 30 percent, and he is not in need of regular aid and attendance or by reason of being housebound.

The Board found that the reduction of the Veteran's prostate cancer disability rating from 100% to 20% was proper, as his condition had improved and no longer required a higher rating.

The Veteran's service-connected prostate cancer, status post removal of the prostate, does not manifest in renal dysfunction nor increased urinary frequency or obstructed voiding. The Veteran has erectile dysfunction as a residual of his prostate cancer but deformity of the penis is not shown.,The criteria for an initial compensable rating for erectile dysfunction associated with residuals of prostate cancer have not been met.

The Veteran's service connection claims for diabetes mellitus and prostate cancer are granted due to presumed exposure to herbicides during active duty.

The Board finds that the Veteran's current hemorrhoids are related to service and grants service connection for this condition. The issue of whether the Veteran's prostate cancer is related to service or a service-connected disorder remains pending, as no VA examination has been conducted.

The Veteran's service-connected disabilities require the regular aid and attendance of another person to perform activities of daily living and protect him from daily life hazards.

The Veteran does not have additional disability as a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA in furnishing surgical treatment in February 1999, and the results of the surgery were reasonably foreseeable.

The Board has granted service connection and a temporary total disability rating for prostate cancer, effective November 30, 2005. The Veteran's claim for an increased rating for residuals of prostate cancer is denied as the evidence does not support a higher than 60 percent rating.