Prostate cancer decisions — 2011

The Veteran's prostate cancer residuals did not require the use of absorbent materials or necessitate voiding every two to three hours during the day or twice each night prior to November 8, 2007. As of November 8, 2007, his residuals did not meet criteria for a higher rating.

The Veteran's prostate cancer residuals are rated at 40 percent effective October 22, 2008. The Veteran does not meet the criteria for a higher rating during this period.

The Veteran's initial claim for service connection was granted in April 2008, and a 0% rating was assigned effective August 8, 2007. The VA found that the Veteran did not have any urinary symptoms or renal dysfunction prior to August 17, 2010, when he reported experiencing nocturia three times per night and daytime voiding every two hours. As a result, a 20% rating was assigned effective August 17, 2010.

The Veteran's appeal is being remanded to the RO for scheduling a hearing due to his failure to appear at an earlier scheduled hearing. The issues of service connection and increased rating are pending.

The Board has determined that the reduction in the rating for prostate cancer with erectile dysfunction from 100 to 0 percent effective June 1, 2007 was appropriate due to a recurrence of the prostate cancer. The Veteran's disability is now rated as 100 percent effective June 1, 2007.

The Board denied the Appellant's petitions to reopen her claims for service connection for the cause of the Veteran's death and Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318, finding no new and material evidence to support these claims.

The Board has granted restoration of a 100 percent disability rating for prostate cancer and dismissed the appeal regarding an increased disability rating for prostate cancer in excess of 20 percent.

The Board has decided to remand the case for additional development, including obtaining terminal treatment records and private treatment records from various facilities. The appellant's claim will be reconsidered after these records are obtained.

The Board denied the Veteran's claims for service connection for immune deficiency, non-Hodgkin's lymphoma, and prostate cancer as they were not incurred or aggravated due to active duty service. The evidence did not establish a current disability.

The Veteran's claims for service connection for prostate cancer and erectile dysfunction secondary to prostate cancer are denied as he did not have qualifying active military service in Vietnam, and there is no evidence of a nexus between his current conditions and service.

The Veteran's appeals for increased ratings for PTSD and prostate cancer were denied, as the claims are considered withdrawn due to his request. The appeal for a compensable rating for erectile dysfunction is pending.

The Board has determined that the Veteran's service-connected disabilities alone render him unemployable, and thus grants a TDIU rating.

The Veteran's prostate cancer was not incurred in or aggravated by active service, and may not be presumed to have been incurred in service. The Board found no reasonable possibility that the Veteran's prostate cancer can be attributed to radiation exposure during service.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on a need for aid and attendance or housebound status due to his non-service-connected conditions.

The Veteran's claims for prostate cancer and diabetes mellitus, type II are remanded due to the need for VA examinations. The TBI claim is also remanded as a VA examination is required.

The Veteran's claim for service connection for residuals of prostate cancer, including erectile dysfunction and neurogenic bladder, is being remanded due to the need to verify exposure to ionizing radiation during his initial period of active service from September 1958 to February 1962. If a positive dose estimate is obtained, the case will be referred to the Under Secretary for Benefits under 38 C.F.R. § 3.311(c).

The Board denied the Veteran's claims for service connection for blindness, type II diabetes mellitus, and prostate cancer as secondary to a service-connected disability. The evidence did not establish continuity of symptomatology or a nexus between these conditions and service.

The Board found no evidence of prostate cancer and denied service connection for it. The Veteran's PTSD was rated at 50% but the claim for a higher rating is denied.

The Board has granted the appellant's request to reopen her claim for service connection for the cause of the Veteran's death. The new evidence submitted since the last denial supports reopening the claim, but a VA medical opinion is needed to determine if the service-connected PTSD contributed to the Veteran's death.