Prostate cancer decisions — 2012

The Veteran's sleep apnea is not service connected, and his prostate cancer residuals claim does not meet the criteria for an earlier effective date.

The Veteran's appeal is being remanded for further development, including obtaining clarification from his private urologist regarding the diagnosis of Peyronie's disease and obtaining any missing medical records.

The Veteran's claim for service connection for prostate cancer, claimed as due to in-service exposure to herbicides (Agent Orange), is being remanded for further development. The RO must verify the Veteran's alleged exposure to Agent Orange during his service in Korea and provide a supplemental statement of the case if the claim remains denied.

The Veteran's service in Japan does not qualify him for the presumption of herbicide exposure, and there is no evidence linking his prostate cancer to military service. The claim for secondary service connection due to herbicide exposure is denied.

The Veteran's claim for special monthly compensation based on the loss of use of a creative organ is being remanded due to incomplete medical records and inadequate examination reports.

The Board found that the cause of death was not service-connected and denied DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for hypertension, prostate cancer, and hepatitis C were denied. The reduction of the initial evaluation for rectal irritation with diarrhea from 10 percent to noncompensable was also denied.

The Veteran's claim for a temporary total disability evaluation due to prostate cancer and prostatectomy residuals under 38 C.F.R. § 4.30 based on convalescence following surgery in June 2006 was denied as the criteria were not met.

The Veteran's prostate cancer is not considered related to his exposure to ionizing radiation during service, as the most competent and probative medical opinion does not support a connection.

The Board has determined that additional development is needed to obtain the Veteran's service records and medical treatment records, as well as to clarify his claims for prostate cancer. The appeal will be remanded for these purposes.

The Veteran's prostate cancer, status post-radical prostatectomy, is currently manifested by urinary incontinence requiring the wearing of absorbent materials that must be changed two to four times per day and urinary frequency consisting of a daytime voiding interval of one hour. The Board finds a 40 percent rating for this condition is warranted.

The Veteran's service-connected disabilities, including prostate cancer, have rendered him unable to secure or follow substantially gainful employment since January 31, 2012. Prior to that date, his disabilities did not prevent him from securing and following such employment.

The Board granted service connection for prostate cancer and peripheral neuropathy of the upper and lower extremities as secondary to herbicide exposure during active duty.

The Veteran's prostate cancer residuals are manifested by urinary incontinence requiring the use of absorbent materials which must be changed 2 to 3 times during the day and 2 times at night. The criteria for an initial rating in excess of 60 percent for residuals of prostate cancer are not met.

The Veteran's appeal is being remanded for additional development to obtain medical records and determine the etiology of his prostate cancer and erectile dysfunction.

The Veteran's appeal is being remanded to the RO for a hearing before the Board.

The Veteran's appeal was withdrawn for the claim of entitlement to an initial disability rating in excess of 40 percent for service-connected residuals of prostate cancer prior to December 1, 2009, and in excess of 60 percent thereafter. The remaining claims of entitlement to an initial disability rating in excess of 20 percent for service-connected type II diabetes mellitus with erectile dysfunction, and entitlement to service connection for osteoarthritis of the right knee are addressed.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's prostate cancer is granted service connection due to presumed exposure to Agent Orange. The claim for increased rating of diabetes mellitus remains pending and will be remanded.

The Veteran's service connection claim for prostate cancer, claimed as due to Agent Orange exposure, is denied because there is no evidence of a current disability or any link between the condition and his military service.