Prostate cancer decisions — 2011

The Board denied the Veteran's requests for retroactive effective dates for service connection of diabetes mellitus type II and prostate cancer. The Veteran was not granted service connection prior to the date of his claims or within one year from separation, and thus no earlier effective dates are warranted.

The Veteran's claim for service connection for residuals of prostate cancer due to Agent Orange exposure is pending, as the January 2005 rating decision denying this claim was not final.,Service connection has been granted for asbestosis. The evidence received since the January 2005 denial includes a determination that the Veteran did not have in-country service in Vietnam and thus could not be presumed exposed to herbicides.

The Veteran's claims for bilateral hearing loss, tinnitus, type II diabetes mellitus, benign prostatic hypertrophy, and prostate cancer have been denied as there is no competent evidence of current disabilities or a link to service. The claim for an increased rating for prostate cancer has also been denied.

The Veteran's prostate cancer is granted service connection on a presumptive basis due to herbicide exposure during his service in the Republic of Vietnam.

The Veteran's service-connected PTSD with associated depression secondary to prostate cancer resulted in social and occupational impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The current rating of 30 percent is appropriate prior to May 27, 2010.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a skin disorder other than skin cancer, claimed as due to exposure to ionizing radiation, and prostate cancer, both claimed as due to exposure to ionizing radiation. As such, these claims remain denied.

The Board has remanded the case due to the need for additional development and consideration of all evidence, including recent treatment records and a VA examination report. The Veteran's claims for higher initial ratings for his knee disabilities and service connection for prostate cancer will be reconsidered.

The Veteran's prostate cancer was not incurred in or aggravated by active military service, and may not be presumed to have been so incurred, including as a result of exposure to herbicides during service.

The Veteran's claims for service connection for prostate cancer, an increased evaluation for his lumbosacral spine disability, and TDIU were all denied. The denial of the prostate cancer claim was based on a lack of new and material evidence. The lumbosacral spine disability did not meet the criteria for an evaluation in excess of 40 percent or for TDIU.

The Veteran's appeal for service connection for prostate cancer has been dismissed due to the death of the appellant.

The case is being remanded for additional development to address the Veteran's cause of death, service connection for PTSD on an accrued benefits basis, and evaluation in excess of 40 percent for prostate cancer on an accrued benefits basis.

The Board has reopened the Veteran's claims for service connection for Type 2 diabetes mellitus and prostate cancer, both of which may be presumed to have been incurred due to herbicide exposure during his military service in Vietnam.

The Veteran's prostate cancer residuals are currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has ordered additional development of the Veteran's VA treatment records from West Palm Beach VAMC, Gainesville VAMC, and Fort Pierce VA Outpatient Clinic to support his claims for service connection for diabetes mellitus type II and prostate cancer.

The Veteran's service-connected bilateral hearing loss and post-operative prostate cancer were granted, but with no compensable ratings assigned.

The Veteran's prostate cancer residuals were rated at 10 percent prior to January 4, 2006; upgraded to 20 percent from January 4, 2006 to October 7, 2008; and denied for a rating in excess of 40 percent after that date.

The Veteran's prostate cancer, status post radical retropubic prostatectomy, was rated at 100% from September 16, 2005 to August 25, 2008. The VA examiner found the Veteran had voiding dysfunction secondary to prostate cancer resulting in stress incontinence requiring the occasional use of a pad, less than one a day; a daytime voiding interval between one and two hours; and a nighttime voiding interval of up to five times per night.

The Veteran's claim for service connection for prostate cancer, including due to Agent Orange exposure, is being remanded for additional development.

The Veteran's prostate cancer, which was initially granted service connection in March 2008 and rated at 100%, is now rated at 40% effective October 1, 2008. His diabetes mellitus has been rated at 20%. The RO did not address the issue of whether the Veteran's prostate cancer was related to service.