Prostate cancer decisions — 2010

The Veteran's service-connected conditions, including prostate cancer residuals, PTSD, and erectile dysfunction, are preventing him from obtaining or maintaining substantially gainful employment. The case is being remanded for further examination and development.

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

The Veteran's prostate cancer residuals, resulting in urinary incontinence and frequent urination, meet the criteria for a 60 percent rating since August 1, 2005.

The Board has granted service connection for prostate cancer as secondary to Agent Orange exposure, based on the Veteran's documented trips into Vietnam and his current diagnosis of prostate cancer.

The Board denied the Veteran's claims for service connection for prostate cancer and colon cancer, finding that there was no evidence of exposure to ionizing radiation during service or a nexus between the cancers and service.

The Board has remanded the case due to incomplete records, and the Veteran's claim for service connection for prostate cancer as a result of exposure to ionizing radiation and herbicides is pending.

The Veteran's GERD is aggravated by his service-connected PTSD, and the criteria for service connection by aggravation have been met. The issue of prostate cancer has been remanded due to the need for special development procedures under VA regulations.

The Veteran's claims of service connection for various disabilities, including right and left shoulder disabilities, back disability, hypertension, and left foot disability have been reopened. An initial compensable evaluation (10%) has been assigned for degenerative joint disease of the right great toe.

The Board has remanded the case for additional development, including obtaining a revised dose estimate from DTRA based on the location of the appellant's duty station.

The Board found that the RO appropriately discontinued the 100% rating for residuals of prostate cancer and assigned a 0% rating from December 1, 2006 to January 31, 2010, and a 10% rating thereafter. The Veteran's condition was stable with no recurrence of prostate cancer.

The Veteran's service-connected prostate cancer substantially contributed to his death from upper gastrointestinal bleed, esophageal varices, and non-alcoholic hepatic cirrhosis. The Board grants service connection for the cause of death.

The Board denied the appellant's claim of entitlement to service connection for the cause of the Veteran's death, finding that there was no evidence of in-service prostate cancer or exposure to herbicides. The Board concluded that the Veteran died from prostate cancer which did not have a direct link to his military service.

The Veteran's claim for an effective date prior to February 24, 2005 for the grant of service connection for prostate cancer was denied as there is no legal basis for an earlier effective date.

The Veteran's claim for a rating in excess of 60 percent for prostate cancer, to include restoration of a 100 percent rating, is denied. The Board finds that the reduction from 100 percent to 60 percent was proper and there is no basis for restoring the previous 100 percent evaluation.

The Board has determined that the Veteran's genitourinary disorder, claimed as chronic bladder infection resulting from prostate cancer, is not service-connected. Service connection for left ear hearing loss was established, while right ear hearing loss is not service-connected.

The Veteran's appeal for service connection for prostate cancer has been dismissed due to the death of the appellant.

The Veteran's appeal for service connection for residuals of prostate cancer was denied as there is no evidence of prostate cancer or its residuals in the record.

The Veteran seeks service connection for prostate cancer, which he claims is related to his exposure to herbicides during his service in the Republic of Vietnam. The Board has determined that additional development is needed to verify whether the Veteran was physically present in Vietnam and thus entitled to presumptive service connection.

The Veteran's prostate cancer, diagnosed after service and requiring a radical prostatectomy, is presumed to have been incurred due to herbicide exposure during his service in Vietnam.

The Board denied the Veteran's claims for an initial rating in excess of 40 percent for residuals of prostate cancer and a prior effective date, finding that his symptoms did not warrant higher ratings. The Veteran was not entitled to earlier service connection based on the Nehmer class action lawsuit.