Prostate cancer decisions — 2012

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The case will be readjudicated after these actions.

The Veteran's prostate cancer and tooth loss were not found to be related to service, including exposure to herbicides. The claim for prostate cancer was denied as the disease did not manifest during or within a year of separation from service. The claim for lost teeth was also denied due to lack of evidence of dental trauma.

The Veteran's appeal is being remanded to gather additional evidence and conduct examinations for his service-connected disabilities, specifically prostate cancer residuals and degeneration of the lumbar spine. The RO/AMC will attempt to obtain updated treatment records from private physicians and schedule VA examinations.

The Board has remanded the claims for service connection for cause of death and burial benefits due to incomplete development, including failure to provide proper notice under 38 C.F.R. § 3.311 regarding radiation exposure and prostate cancer.

The Veteran's residuals of prostate cancer with urinary frequency and urgency due to radiation therapy are currently rated at 40 percent, but the RO has not granted a higher evaluation for this condition.,The Veteran is receiving the maximum schedular evaluation (30%) for his frequency of stools with urgency secondary to radiation therapy for prostate cancer.

The Veteran's prostate cancer has been rated at 40 percent since February 26, 2009, effective from that date.

The Board has determined that the Veteran's prostate cancer treatment ceased in January 2007, and as a result, his 100% schedular rating for residuals of prostate cancer is denied.

The Veteran's claim for service connection for prostate cancer is being remanded due to incomplete personnel records and the need to verify his claimed exposure in Vietnam. The case will be returned to the Board after further development.

The Board found that the reduction from 100% to 60% for prostate cancer status post radical retropubic prostatectomy was proper, but the effective date should be no sooner than June 30, 2007. The Veteran's appeal is granted on this issue.

The Veteran's prostate cancer was not incurred or aggravated by his active service, and the Board found no reasonable possibility that it resulted from ionizing radiation exposure while in service.

The Veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge at his local RO.

The Veteran's appeal for SMC based on a need for aid and attendance or housebound status has been dismissed due to his death. The cause of death claim is inextricably intertwined with the substitution issue, which remains pending.

The Board denied the Veteran's claims of service connection for prostate cancer and erectile dysfunction, finding no evidence to support a causal relationship with his military service or any incident therein.

The Board denied the Veteran's claims of entitlement to service connection for erectile dysfunction, prostate cancer, and a skin disability. The evidence did not establish a nexus between these conditions and his military service.

The Board finds that the Veteran was not exposed to mustard gas during service, and thus cannot establish service connection for any of his claimed disabilities based on such exposure. The preponderance of evidence does not support a finding of direct service connection either.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of a nexus between any claimed conditions and active service, including exposure to ionizing radiation.

The Veteran's claim for an increased rating for residuals of prostate cancer was denied, as the evidence did not show that his symptoms warranted a higher evaluation. His erectile dysfunction was also found to be noncompensable.

The Veteran seeks service connection for prostate cancer and its associated urinary dysfunction and erectile dysfunction, claiming exposure to herbicide agents during his time at Ubon RTAFB in Thailand. The Board finds additional development is needed to determine if the Veteran was exposed to herbicides while stationed there.

The Veteran's appeal is being remanded to reschedule a Travel Board Hearing due to his failure to appear for the previously scheduled hearing.

The Veteran's claims for prostate cancer, hypertension, and diabetes mellitus due to Agent Orange exposure are denied. The claim of service connection for a prostate disorder other than cancer is pending.