Prostate cancer decisions — 2011

The Veteran is seeking service connection for prostate cancer, which he claims was caused by exposure to Agent Orange while serving aboard the USS HORNET. The Board finds that there is a duty to assist and remands the case for further development including obtaining his complete personnel records and ship logs.

The Board found that the Veteran's service-connected prostate cancer did not result in any compensable disability ratings due to lack of urinary or voiding dysfunction, and his employment was not affected by the condition.

The Veteran's prostate cancer is presumed to have been incurred in service due to his exposure to herbicides while stationed in Vietnam, and the Board grants this claim.

The Board has reopened the Veteran's claim for service connection for prostate cancer, to include as due to radiation exposure. The new evidence includes dose estimates from DTRA and an opinion from the VA Chief Public Health and Environmental Hazards Officer suggesting a possible link between the Veteran's in-service radiation exposure and his current prostate cancer diagnosis.

The Veteran's claims for skin cancer and prostate cancer as a result of exposure to ionizing radiation during service have been denied. The VA examination did not find any evidence of skin cancer, and the Veteran's prostate cancer is not related to his military service.

The Board has determined that the Veteran served in Vietnam and is presumed to have been exposed to herbicide agents, including Agent Orange. Therefore, prostate cancer residuals are presumed to be incurred in service.

The Veteran's prostate cancer is found to be due to injury or disease incurred in service, and the Board grants service connection for this condition. The issues of urinary dysfunction and erectile dysfunction are not addressed as they were remanded.

The Board finds that the reduction of the disability rating for prostate cancer from 100% to 20% was proper, and that an increased rating is not warranted.

The Veteran's prostate cancer and erectile dysfunction were not incurred or aggravated by active service, and may not be presumed to have been so incurred or aggravated.

The Veteran's claims for service connection for a right testicle condition and an evaluation in excess of 40 percent for prostate cancer have been denied. The Board finds that additional development is needed to address the issues.

The Veteran's service-connected conditions have not met the criteria for higher ratings at any point during the appeal period.

The Veteran's appeal of a retroactive temporary total rating based on surgery for prostate cancer in June 2004 was dismissed due to the finality of the September 2005 rating decision. The claims for increased ratings for diabetes mellitus and erectile dysfunction, as well as reopening service connection for psychiatric disorder, are addressed.

The Board has determined that additional development is needed to determine if the Veteran was exposed to herbicide exposure in Vietnam, which could potentially grant service connection for prostate cancer and skin cancer. The case will be returned to the RO/AMC for further action.

The appeal has been withdrawn by the appellant's authorized representative prior to a decision being made.

The Veteran's death was caused by metastatic pancreatic cancer, which may be service-connected due to herbicide exposure. The appellant seeks service connection for prostate cancer and throat cancer, both of which are presumed based on herbicide exposure. Accrued benefit claims for these conditions will also be remanded.

The Veteran's prostate cancer was not incurred or aggravated during service and is not related to exposure to ionizing radiation. The Board found no reasonable possibility that the Veteran's prostate cancer resulted from in-service radiation exposure.

The Veteran's residuals of prostate cancer were rated as noncompensably disabling from February 7, 2006 to October 4, 2006.

The Veteran's residuals of prostate cancer, to include voiding dysfunction, are currently evaluated as 40 percent disabling prior to February 7, 2008 and as 60 percent disabling on and after that date. The Board finds the evidence does not support a higher evaluation for any period.

The Veteran's prostate cancer, which was present to a compensable degree and presumed due to herbicide exposure in Vietnam, contributed substantially or materially to his cause of death from metastatic merkel cell cancer. The Board grants service connection for the cause of the Veteran's death.

The Veteran's claims for cataracts and prostate cancer are being remanded as the nature of his conditions and exposure basis need further clarification. The Under Secretary for Benefits will determine if these conditions are related to ionizing radiation exposure during service.