Prostate cancer decisions — 2010

The Veteran's combined disability rating meets the threshold for a TDIU, and his service-connected disabilities render him unable to maintain substantially gainful employment. The claim for residuals of a CVA is dismissed.

The Veteran's service connection claim for residuals of bladder cancer, claimed as due to exposure to ionizing radiation, is granted. The Board finds the Veteran was a 'radiation-exposed veteran' and his current residuals of bladder cancer are presumptively related to his military service in Nagasaki, Japan.

The Board denied increased ratings for cervical spine degenerative joint disease, lumbar spine degenerative joint disease, and residuals of prostate cancer.

The Board has determined that the reduction from a 100% disability rating to a 20% disability rating for residuals of prostate cancer, status-post radiotherapy, was proper. The Veteran's service-connected disabilities have been rated based on their predominant area of dysfunction.

The Board has granted service connection for the Veteran's prostate cancer, finding that his exposure to carbon tetrachloride during service is linked to his development of prostate cancer.

The Veteran's prostate cancer required immediate surgery, and VA facilities were not feasibly available to provide it in a timely manner. The Board finds the Veteran eligible for reimbursement of unauthorized medical expenses incurred from October 17, 2007, to October 22, 2007.

The Veteran's low back disability and associated radiculopathy are rated at 20 percent since July 23, 2009. The prostate cancer residuals are rated at 60 percent effective from the date of service connection (November 1991). The left knee patella pain syndrome is rated as noncompensable.

The Board found that the discontinuance of the initial 100% rating for prostate cancer was proper, and granted a higher initial disability rating of 40% for residuals of prostate cancer with erectile dysfunction since May 1, 2009.

The Board has restored service connection for residuals of prostate cancer, bilateral orchiectomy, and erectile dysfunction, as well as SMC for anatomical loss of a creative organ and basic eligibility to DEA under the provisions of 38 U.S.C.A. Chapter 35.

The Board has decided to remand the case for additional development, including obtaining personnel service records and reviewing deck logs of the USS MCKEAN ship.

The Veteran's benign prostatic hypertrophy is found to be service-connected, with the earliest evidence of bladder outlet obstruction occurring after separation from active duty. The Board also finds that polycystic kidney disease and polycystic liver disease are not service-connected.

The Veteran is seeking a higher initial rating for his service-connected prostate cancer residuals, currently rated at 10 percent. The case has been remanded due to the need for a BVA hearing via videoconferencing equipment.

The Board found that the Veteran's prostate cancer was not incurred in or aggravated by active service and may not be presumed to be. The claim of entitlement to service connection for an acquired psychiatric disorder is pending, as are the claims for tremors.

The Veteran's appeal is remanded due to the need for additional medical records and further examination.

The Veteran's appeal for an initial compensable evaluation for service-connected erectile dysfunction has been withdrawn prior to the Board's decision.

The Board has determined that the appellant's service-connected disabilities render him unable to obtain and retain substantially gainful employment, warranting a TDIU.

The Board denied the Veteran's claims for service connection for diabetes mellitus type II and prostate cancer, finding no evidence of in-service exposure to herbicide agents or presence on land mass of the Republic of Vietnam. The Veteran was not granted presumptive service connection based on his military service.

The Board granted service connection for PTSD and denied service connection for atherosclerotic heart disease, status post myocardial infarction and angioplasty and history of angina, to include as secondary to chemical experiments. Service connection was also granted for prostate cancer, but the Veteran did not appeal this decision.

The Veteran's service-connected conditions, including bowel and bladder impairments, render him in need of the regular aid and attendance of another person. The Board finds that he is entitled to special monthly compensation based on this need.

The Board denied service connection for prostate cancer and PTSD, finding that the Veteran did not have a current disability related to his military service or any presumptive conditions. The claim for prostate cancer was denied as there is no evidence of a chronic condition in service or within one year after separation from service. The claim for PTSD was denied due to lack of credible supporting evidence of an in-service stressor.