Prostate cancer decisions — 2013

The Veteran's prostate cancer disability rating was improperly reduced from 100% to 40%. The VA has restored the original 100% rating.

The Veteran's service-connected residuals of prostate cancer have resulted in daytime voiding interval of three to four times per day, but renal dysfunction and urinary tract infections are not shown. The preponderance of the evidence does not support a higher rating for this condition.

The Veteran's prostate cancer is found to be related to his in-service herbicide exposure, and service connection for this condition is granted. The claim of entitlement to service connection for colon cancer is dismissed as the Veteran withdrew it.

The Board has remanded the Veteran's claims for service connection for bladder, prostate, and skin cancer due to ionizing radiation exposure. The case must be referred to the VA Under Secretary for Health for a dose estimate based on his service as an X-ray technician from February 1944 to April 1946.

The Veteran has withdrawn his appeals for increased disability ratings for diabetes mellitus with diabetic retinopathy and prostate cancer and its residuals. As a result, the Board dismisses these claims.

The Veteran's claims for service connection for prostate cancer and diabetes mellitus, type II were denied as there was no evidence of a nexus between the conditions and his active duty service.

The Board has dismissed the Veteran's service connection claims for headaches, glioma of the right side of the brain, skin rash, and testicular cancer due to withdrawal. The effective date for the award of service connection for prostate cancer is set at August 21, 2008, with related benefits such as erectile dysfunction and special monthly compensation based on loss of use of a creative organ also being effective from this date.

The Veteran's residuals of prostate cancer, status post suprapubic prostatectomy, are currently rated at 60 percent and the appeal is for a higher rating.

The Veteran's death was caused by chronic respiratory failure, emphysema, and alcohol dependence. The service-connected varicose veins of the right leg contributed substantially or materially to his death.,The appellant's claim for DIC benefits pursuant to 38 U.S.C.A. § 1318 is rendered moot due to the grant of service connection for cause of death.

The Veteran's prostate cancer, which he claims was caused by his service in the Republic of Vietnam during the Gulf War era, is granted as it meets the criteria for presumptive service connection due to exposure to herbicides.

The Board denied the Veteran's claims for service connection for various conditions, including prostate cancer and syncopal episodes, all of which were deemed not related to his active duty service or exposure to ionizing radiation.

The Veteran's prostate cancer was not shown in service, and there is no reasonable possibility that the Veteran's prostate cancer can be attributed to military service, including exposure to ionizing radiation.

The Board found that the Veteran's service-connected prostate cancer did not cause his death, and denied entitlement to service connection for the cause of his death.

The Board denied the Veteran's claims for service connection of anemia and a higher evaluation for prostate cancer residuals. The Veteran was not granted service connection for anemia, as there is no evidence linking it to his active duty or any service-connected condition. For prostate cancer residuals, the Board found that the current level of disability did not warrant a rating in excess of 20 percent.

The Board denied the Veteran's claims of service connection for prostate cancer and a bilateral hearing loss disability, finding that there was no direct evidence linking these conditions to his military service.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and opinions to address his service connection claims.

The Board has determined that there is no legal entitlement to an effective date earlier than June 22, 2005 for the grant of service connection for residuals of prostate cancer.

The Veteran's claim for increased ratings for prostate cancer residuals was denied as the evidence did not show that his condition warranted a higher rating at any point during the appeal period.

The Veteran's claim for an initial compensable disability evaluation for residuals of prostate cancer with erectile dysfunction prior to March 1, 2010 was granted. Effective March 1, 2010, the Veteran is assigned a 40 percent disability rating.

The Board has remanded the case due to the unavailability of service records, specifically those from Fort Huachuca Army Health Center. The Veteran's representative provided information about in-service treatment but no action was taken to search for these records.