Prostate cancer decisions — 2011

The Veteran's prostate cancer, status post radical prostatectomy, is currently characterized by a daytime voiding interval of between one and two hours, and/or awakening to void three to four times per night. The current manifestations do not warrant an evaluation in excess of the assigned 20 percent rating.

The Board finds that the Veteran was exposed to herbicides while stationed at Udorn and thus meets the criteria for service connection of prostate cancer, which is a disease listed under 38 C.F.R. § 3.309(e).

The Board has denied the Veteran's claims for service connection for hypertension and prostate cancer, finding no evidence of a nexus between his current conditions and his military service. The claim for prostate cancer was remanded due to an issue with the exposure basis.

The Veteran seeks service connection for prostate cancer, which he claims is due to his exposure to Agent Orange during military service at an air base in Taiwan. The claim will be remanded to obtain the Veteran's complete service personnel records and to verify any potential exposure to Agent Orange.

The Veteran died from renal failure due to metastatic bladder cancer. The primary cause of death was not service-connected, and the Board found that neither prostate nor bladder cancer were related to service.

The Board has determined that the Veteran's claims of entitlement to service connection for prostate cancer, obstructive sleep apnea, and restless leg syndrome require additional development due to the need for VA examinations.

The Veteran's prostate cancer and current residuals are found to be related to exposure to asbestos during service, warranting service connection.

The Veteran requested to withdraw the claim for service connection for sleep apnea. The remaining issues of prostate cancer and peripheral neuropathy are remanded.

The Veteran's prostate cancer status post prostatectomy is granted service connection based on presumed exposure to herbicides during his military service. Service connection for a lumbar spine disorder is remanded due to insufficient evidence.

The Board denied the Veteran's claim for service connection for prostate cancer, to include as secondary to herbicide exposure, finding that he did not have qualifying Vietnam service and thus was not entitled to presumptive service connection. The Board also found no other basis for service connection.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the reduction in the rating for residuals of prostate cancer from 60 percent to 40 percent, effective September 1, 2005, was improper and restored the prior 60 percent rating. The Veteran's hypertension claim is addressed in a separate REMAND portion.

The Veteran's PTSD was granted service connection based on a verified in-service stressor. However, his prostate cancer claim was denied as there is no evidence of exposure to herbicides during service and the condition did not manifest within one year after separation.

The Board found no evidence of a nexus between the Veteran's current disabilities (bilateral tinnitus, prostate cancer, and kidney disorder) and his military service. The claims for these conditions were denied.

The Board found the reduction of a 100% disability rating to a 20% rating for prostate cancer was proper based on the evidence provided.

The Veteran's initial claim for a compensable rating for his service-connected prostate cancer residuals was granted, and he is now rated at 20 percent from September 10, 2010. His issue of seeking a higher rating than the current 20 percent has also been granted.

The Veteran's claims for service connection for prostate cancer, diabetes mellitus, and hypertension are being remanded due to the need for additional development regarding possible chemical exposures during his service.

The Veteran's prostate cancer was not incurred or aggravated in service and may not be presumed to have been incurred therein.

The Veteran's claim for service connection for prostate cancer, which he contends is due to his military service and in-service herbicide exposure, has been remanded for further development.

The Board has determined that the Veteran's prostate cancer is not related to his military service, including any exposure to ionizing radiation. The claim for service connection is denied.