Prostate cancer decisions — 2012

The Veteran's claims for increased ratings for prostate cancer and erectile dysfunction are being remanded due to the need for additional medical examination.

The RO improperly reduced the Veteran's total schedular rating for prostate cancer from 100% to 40%, which was subsequently restored.

The Veteran's prostate cancer was not incurred in or aggravated by service, nor may it be presumed to have been incurred as a result of radiation exposure. The Board found no evidence linking the prostate cancer to his military service.

The Veteran's PTSD and prostate cancer residuals have been granted higher initial ratings, with the PTSD rating now at 100% effective July 15, 2010.

The Veteran's claim for service connection for prostate cancer, claimed as due to herbicide exposure, is being remanded by the Board of Veterans' Appeals.

The Board has dismissed the Veteran's appeals for service connection for hypertension and diabetes mellitus due to his request for withdrawal of these claims prior to a decision.

The Veteran's voiding dysfunction is rated at the highest schedular award possible, and his erectile dysfunction does not meet criteria for a compensable rating. The Veteran's deep gunshot wound scars of the right lower leg are currently evaluated as 10 percent disabling.

The Veteran is not unemployable due to his service-connected disabilities for the periods from September 8, 2003 through May 31, 2006, and from March 1, 2009 through July 31, 2009.

The Veteran's claim for service connection for prostate cancer, which he contends is due to herbicide exposure while stationed in Thailand during his military service, has been remanded. The VA will need to verify the Veteran's claimed exposure and determine if it qualifies as presumptive under VA regulations.

The Veteran's appeal for higher initial ratings for PTSD and prostate cancer has been dismissed as the Veteran withdrew his appeal with respect to these issues. The TDIU issue remains.

The Veteran's appeal is remanded due to the need for a VA examination and additional treatment records.

The Board has granted service connection for bilateral hearing loss and tinnitus, but denied service connection for hypertension and prostate cancer. The Veteran's current hypertension is not related to active service, while his prostate cancer is not related to service.

The Board found that the Veteran's Paget's disease, which was likely caused by his in-service radiation exposure, contributed to his death from prostate cancer. The Board granted service connection for the cause of death.

The Veteran's service connection claims for prostate cancer and bilateral cataracts have been withdrawn as he withdrew his appeal for the increased rating claim for PTSD.,Prostate cancer was not incurred in or aggravated by active duty, and is not the result of exposure to ionizing radiation. Bilateral cataracts were also not incurred in or aggravated by active service and are not the result of exposure to ionizing radiation.

The Veteran's residuals of prostate cancer, status post operative radical retropubic prostatectomy are currently rated at 60 percent disabling from October 27, 2011. The rating is based on voiding dysfunction requiring the wearing of absorbent materials that must be changed less than two times per day.

The Veteran's service-connected disabilities, primarily hearing loss and tinnitus, preclude him from securing and following a substantially gainful occupation.

The Veteran's prostate cancer, status post radical retropubic prostatectomy has not manifested in renal dysfunction or generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion. Therefore, a rating in excess of 60 percent is denied.

The Board found that the Veteran's prostate cancer was not incurred in or aggravated by active service, nor may it be presumed to have been incurred in service due to herbicide exposure. The claim for service connection is therefore denied.

The Board has remanded the Veteran's claims for service connection for prostate cancer and skin cancer due to alleged exposure to ionizing radiation in service. The RO/AMC is instructed to verify the Veteran's claimed exposures, obtain a VA examination, and provide an opinion on the relationship between his conditions and service.

The Veteran's prostate cancer was not present during service or for many years thereafter and has not been shown to be related to service, including an in-service exposure. The claim for skin cancer is addressed in the REMAND portion of the decision.