Prostate cancer decisions — 2010

The Board has remanded the case due to insufficient consideration of the Veteran's exposure claims and further development is required.

The Board found that the Veteran was not exposed to herbicides during service and thus could not establish a presumption of exposure. The evidence did not support a finding of direct causation for prostate cancer or diabetes mellitus, leading to denial of both claims.

The Board found that the reduction of the Veteran's prostate cancer evaluation from 100 percent to 40 percent was proper, and that a 40 percent rating for urinary incontinence is appropriate.

The Board denied the Veteran's claim for an effective date earlier than December 17, 2007 for the grant of service connection for prostate cancer due to herbicide exposure.

The Veteran's claim for service connection for pleurisy and right ear hearing loss was denied. The Board found no current disability of pleurisy, but determined that the Veteran had a current disability of right ear hearing loss.

The Board has determined that the Veteran's prostate cancer, which was previously rated at 100 percent, should now be rated at 60 percent effective January 1, 2009. The reduction in rating is based on the absence of evidence of recurrence or metastasis.

The Board has determined that the Veteran's claimed disabilities are not related to service, including exposure to VX nerve agent. Service connection for all conditions is denied.

The Veteran's service records do not show in-country duty or visitation in Vietnam. Prostate cancer and its residuals, including incontinence and erectile dysfunction, were initially demonstrated years after service and have not been shown to be causally related to the Veteran's active service.

The Veteran's claim for a higher rating for post-operative residuals of prostate cancer is granted, with an effective date from August 14, 2008. The claims for service connection for bilateral hearing loss, tinnitus, and gastroesophageal reflux disease (GERD) and hiatal hernia are all denied.

The Board found that the Veteran's prostate cancer was not related to military service, including exposure to ionizing radiation. The claim is denied.

The Veteran's claims for service connection for various conditions, including prostate cancer, hypothyroidism, sterility, vision disorder, heart disease, blood disorder, gastrointestinal disorder, and radiation burns, are denied as there is no competent medical evidence showing a relationship between these conditions and exposure to ionizing radiation during active service.

The Veteran's prostate cancer was not incurred or aggravated by service, and the Board found no reasonable possibility that it resulted from his exposure to ionizing radiation during service.

The Veteran's residuals of prostate cancer are manifested by symptoms such as urinary frequency, urge incontinence, and weak stream. The current evaluation is 20 percent for these symptoms.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of prostate cancer is denied as there is no evidence that VA's failure to diagnose prostate cancer caused any current disabilities.

The Veteran's claim for service connection for post-operative residuals of prostate cancer, including secondary to in-service herbicides exposure, is being remanded due to the need for additional development regarding his claimed travel to a classified location in Vietnam.

The Board found that the Veteran's service-connected right nephrolithiasis, which was related to his prostate cancer and associated with higher incidence of cardiovascular death, contributed to his cause of death. The Board granted service connection for the cause of death.

The Veteran's claim for service connection for prostate cancer was denied as there is no current diagnosis of the condition and the evidence does not support a finding that it is related to his military service, including exposure to herbicides.

The Veteran's prostate cancer was not incurred in or aggravated by military service and cannot be presumed to have been caused by ionizing radiation exposure. The Board found no reasonable possibility that the Veteran's prostate cancer is related to his claimed exposure.

The Board found that the Veteran's prostate cancer was not related to service, including exposure to ionizing radiation and asbestos. The claim for service connection is denied.

The Veteran's service-connected disabilities, coupled with his educational background and work experience, render him unable to secure or follow a substantially gainful occupation.