Prostate cancer decisions — 2010

The Board found that the reduction from a 100 percent rating to 40 percent for prostate cancer residuals was proper, and denied entitlement to a higher disability rating.

The Board has determined that an effective date earlier than November 15, 2006 is not warranted for the grant of service connection for prostate cancer and entitlement to special monthly compensation (SMC) based on loss of use of a creative organ.

The Veteran's claim for TDIU was dismissed as the Veteran withdrew his appeal if a schedular 100 percent disability rating were granted for PTSD and prostate cancer.

The Board has reopened the service connection claim for residuals of hepatitis and granted service connection for prostate cancer. The Veteran's current liver disease is considered material to his hepatitis A claim.

The Veteran claims service connection for prostate cancer due to Agent Orange exposure. The case is being remanded as there have been no attempts to determine the dates that the Veteran was stationed at Hahn Air Base in Germany with his unit, and whether planes that sprayed Agent Orange went TDY to Hahn during his claimed service.

The Board found the reduction from 100% to 60% for residuals of prostate cancer, status post radical prostatectomy proper. The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's cause of death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C. § 1318 were not met.

The Veteran's prostate cancer was not incurred or aggravated by his active duty service, including exposure to herbicides. The claim for service connection is denied.

The Board found that the Veteran's residuals of prostate cancer, including urinary frequency and incontinence requiring absorbent materials changed four to five times per day, warranted a compensable rating of 20%.

The reduction in the rating for postoperative residuals of prostate cancer from 100 percent to 40 percent was proper, and a 60 percent rating is warranted as of November 1, 2008.

The Veteran's claim for service connection for prostate cancer, erectile dysfunction, incontinence, and kidney stones as a residual of herbicide exposure is being remanded due to lack of factual evidence of herbicide exposure.

The Veteran's claim for restoration of a 40 percent rating for prostate cancer residuals is granted. The claim for an increased rating for prostate cancer from February 1, 2009 remains pending.

The Board denied the Veteran's claims of service connection for prostate cancer, skin cancer, and bladder cancer due to a lack of evidence linking these conditions to his military service. The Veteran did not have service in Vietnam or exposure to herbicides during service.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death due to new and material evidence. The case is remanded to determine if the Veteran was exposed to radiation during his military service.

The Board denied the Veteran's claims for service connection for prostate cancer, bilateral hearing loss disability, and tinnitus. The Veteran did not have these conditions during service or within one year of separation, and there was no evidence linking them to service.

The Veteran's service-connected diabetes mellitus is rated at 20 percent, effective January 27, 2005. The post-operative residuals of prostate cancer are rated at 10 percent prior to August 26, 2005 and 20 percent thereafter. Erectile dysfunction does not meet the criteria for a compensable evaluation.

The Veteran's claim for service connection for prostate cancer was denied as there is no evidence of in-service incurrence or a relationship to service, including exposure to ionizing radiation.

The Board has denied the Veteran's claims of service connection for asthma, arteriosclerotic heart disease, and prostate cancer. The evidence does not show these conditions were incurred or aggravated by military service.

The Board denied the Veteran's claim for service connection for prostate cancer, finding that there was no evidence of herbicide exposure and no medical evidence linking the condition to his military service.

The Veteran's appeal is being remanded for further development to assess his employability due to service-connected disabilities.