Prostate cancer decisions — 2010

The Board denied the Veteran's claims for service connection for prostate cancer and diabetes mellitus as secondary to herbicide exposure, finding that there was no evidence of in-service injury or disease resulting in these conditions.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not support a finding that there was additional disability caused by a delay in treatment or a botched procedure.

The Veteran's claim for an increased rating for prostate cancer was denied. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) was also addressed, but the decision is unclear as it does not specify whether TDIU was granted or denied.

The Board has remanded the case for additional development, including obtaining VA medical records and providing a new VA examination to address the etiology of the Veteran's hearing loss, tinnitus, heart disability, sleep apnea, prostate cancer, and skin cancer.

The Veteran's death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board has remanded the case due to inadequate notice regarding how to reopen a previously denied claim of service connection for prostate cancer for accrued benefits purposes.

The Veteran's claims of service connection for type II diabetes mellitus and prostate cancer as due to exposure in the Republic of Vietnam are denied. The Board found that there is no evidence of the Veteran serving in-country in Vietnam, thus precluding a presumption of herbicide exposure.

The Veteran's claim for an increased rating for prostate cancer is being remanded due to the need for additional development, including obtaining Social Security Administration disability award records.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claim for special monthly compensation under the provisions of 38 U.S.C.A. § 1114(r)(2) was denied as he is not shown to require daily personal home health-care services by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.

The Veteran's claim for a higher rating prior to March 16, 2010 was denied as his symptoms did not warrant an increased rating based on voiding dysfunction.

The Veteran's prostate cancer is not related to his military service, including exposure to asbestos. The claim for service connection is denied.

The Veteran's prostate cancer residuals are rated at 40 percent from November 30, 2005 to May 8, 2007 and higher than 40 percent since May 9, 2007. The Veteran's varicose veins of the right lower extremity are not entitled to a rating in excess of 20 percent. The Veteran's varicose veins of the left lower extremity are also not entitled to a rating in excess of 20 percent.

The Veteran's prostatectomy residuals have been rated at 40 percent since January 13, 2009. The appeal is granted for a higher initial disability rating.

The Board denied the Veteran's claims of service connection for COPD and a compensable rating for bilateral hearing loss, finding that the preponderance of evidence was against these claims. The Veteran's prostate cancer and erectile dysfunction were granted initial ratings.

The Veteran's appeal for an increased rating for prostate cancer has been dismissed due to his death.

The Veteran's prostate cancer was not incurred in or aggravated during active service, and is not causally related to service exposure. The claim for a higher rating for his lumbar disability remains pending.

The VA granted service connection for prostate cancer and assigned a 10 percent evaluation effective April 7, 2004. The rating was increased to 20 percent from October 5, 2005.

The Veteran's claims for higher initial ratings for type II diabetes mellitus and residuals of prostate cancer were denied. The Board found that the current evaluations adequately addressed his disability picture.

The Board found that the reduction of the Veteran's disability rating from 100 to 20 percent for prostate cancer status post radical prostatectomy was proper, effective May 1, 2007.