Prostate cancer decisions — 2012

The Board finds that the Veteran's prostate cancer, which caused his death in 2001, was not incurred or aggravated during service and is not otherwise related to service. As such, service connection for the cause of the Veteran's death cannot be established.

The Veteran's prostate disorder and prostate cancer are not service connected. The Board found that the preponderance of the evidence is against a finding of current disability for these conditions.

The Veteran's claim to reopen his service connection for the residuals of malaria was denied as new and material evidence had not been presented.,His left elbow disability is currently rated at 10 percent, but he seeks a higher rating. The current evidence does not support an increase in this rating.

The Board found that the reduction of the Veteran's prostate cancer evaluation from 100% to 20% was proper based on evidence showing improvement in his condition.

The Veteran's service connection claim for prostate cancer was denied as there is no evidence of in-service exposure to Agent Orange or other herbicides, and the condition did not manifest within one year after discharge. The Board found that prostate cancer may be considered a chronic disease under presumptive service connection rules but the Veteran never served in Vietnam.

The Veteran's claims for service connection and increased rating were denied. The Board found that the evidence did not support a finding of exposure to Agent Orange or other presumptive conditions, and thus could not establish service connection based on such exposures.

The Board has reopened multiple service connection claims but denied some of them due to lack of new and material evidence. The effective dates for certain benefits have been adjusted, while others remain pending.

The RO reduced the Veteran's evaluation for prostate cancer from 100 percent to 20 percent effective October 1, 2008. The Veteran was not provided with an opportunity to present additional evidence during the proposed reduction period.

The Veteran's claim for an earlier effective date for service connection for prostate cancer is denied as there is no evidence of a prior informal or formal claim filed before October 27, 2008. The condition was diagnosed in April 2005 and the liberalizing law regarding presumptive service connection for prostate cancer related to herbicide exposure did not apply due to the date of diagnosis.

The Veteran's claims for service connection for type 2 diabetes mellitus, heart disability, and prostate cancer were denied as there is no evidence of these conditions during or within one year after his military service. The Board found that the presumptive service connection provisions do not apply due to lack of exposure to herbicides.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or housebound status due to his service-connected conditions.

The Veteran's claims for increased disability ratings and service connection were denied. The Veteran was not granted any new evaluations or service connection.

The Veteran's claim for an effective date prior to May 18, 2007 for service connection of prostate cancer was denied as his claim was received on that date.

The Veteran's appeal is being remanded for additional development, including obtaining his complete service personnel records and VA/privately obtained medical records. He will be scheduled for examinations to determine the nature and etiology of his claimed lung disorder, low back disability, bilateral hearing loss, and tinnitus.

The Board has remanded the case due to incomplete development and additional evidence needs to be considered.

The Board finds that the RO's decision to reduce the evaluation for service-connected residuals of prostate cancer from 100 percent to 10 percent was proper.

The Board has determined that the Veteran's prostate cancer is not related to his military service and denied his claim for service connection.

The Veteran's claim for a TDIU rating is denied as the service-connected disabilities do not meet the criteria for such a rating due to their impact on his employment, particularly given his prostate cancer and related urinary incontinence.

The Board found no evidence of rectal cancer in service or immediately following service, and concluded that the Veteran's rectal cancer is not related to his military service. The claim for prostate cancer was also denied as there is no record of such disease during service.

The Board has remanded the case for further development, including obtaining updated medical records and scheduling a VA examination. The Veteran's claims for increased rating for prostate cancer residuals and restoration of a 100 percent rating are pending.