Prostate cancer decisions — 2011

The Board has remanded the Veteran's claims for further development due to the need to assess radiation exposure and determine if any of his conditions are related to service. The case will be returned to the Board after this development.

The Board denied the appellant's claims for increased ratings and service connection, finding that the Veteran did not meet the criteria for a higher evaluation under the applicable rating schedule. The appeal was dismissed as there were no pending claims or entitlements to accrued benefits.

The Board denied service connection for prostate cancer and PTSD. For prostate cancer, the Veteran was not diagnosed with the condition at any time. The Board found no competent evidence linking current prostate disorders to his military service or herbicide exposure. For PTSD, the Board noted that there were no clear and convincing evidence to contradict the claimed stressors related to fear of hostile military activity in Vietnam.

The Veteran's prostate cancer residuals are rated at a 40 percent rating, effective from February 26, 2008. The appeal is granted for this issue.

The Board found that the Veteran's service-connected PTSD did not contribute to his death from lung cancer, and thus denied the claim for cause of death.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request and will not make a determination on the merits of the service connection claims until further notice.

The Board denied the Veteran's claims for service connection for prostate cancer and skin cancer, finding that there was no evidence of in-service exposure to ionizing radiation or a link between these conditions and military service.

The Veteran's claims for service connection for diabetes mellitus, type II and prostate cancer are being remanded due to the need to obtain his service personnel records and determine if he served in Vietnam or on the U.S.S. Vancouver during the relevant time period.

The Veteran's claim for service connection for prostate cancer, claimed as a residual of exposure to Agent Orange, is being remanded due to the submission of new evidence after the issuance of a supplemental statement of the case.

The Board found that the Veteran's prostate cancer was not incurred in or aggravated by service, nor may it be presumed to have been so incurred due to herbicide exposure.

The Veteran's prostate cancer residuals are rated at 40 percent since February 18, 2011. The rating is based on urinary leakage requiring the use of absorbent materials changing more than four times a day.

The Veteran's prostate cancer with prostatitis is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating.

The Board has determined that the appellant's claim for a waiver of recovery of an overpayment of pension benefits was denied as he did not file a timely application, and no new and material evidence has been submitted to reopen his claims.

The Veteran's prostate cancer, status post radical prostatectomy, was found to warrant a compensable rating of 20 percent from July 24, 2006.

The Board found no evidence of a current disability related to service, including herbicide exposure. The Veteran's prostate cancer and left knee disability were not shown to be incurred in or aggravated by active duty.

The Veteran's claims for service connection for diabetes mellitus, type 2, prostate cancer, and hypertension are being remanded due to the need for further development. The claim of service connection for bilateral hearing loss is reopened but remains denied.

The Veteran's prostate cancer, bilateral hearing loss, and balance impairment are all granted as service-connected. The prostate cancer is due to exposure to herbicides, the bilateral hearing loss is presumed related to service, and the balance impairment was not incurred in service.

The Board denied the Veteran's claims for service connection for prostate cancer and a bilateral eye disorder, finding that there was no competent evidence linking these conditions to his military service.

The Veteran is entitled to a TDIU for the period since May 19, 2010 due to his service-connected disabilities. The issue of entitlement to a TDIU prior to that date is moot as he has been in receipt of a temporary total rating for prostate cancer.

The Veteran's prostate cancer was reduced from a 100% rating to a 40% rating effective November 1, 2007. The RO found that the predominant residuals were voiding dysfunction.