Prostate cancer decisions — 2013

The Board found no current evidence of a seizure disorder and denied service connection for this condition. The Veteran's prostate cancer was not linked to his military service, and the claim is denied. Service connection for PTSD, depression, bipolar disorder, schizoaffective disorder, or anxiety with panic attacks could not be established based on the available evidence.

The RO reduced the Veteran's disability rating for prostate cancer from 100% to 40%, effective August 1, 2008. The reduction was upheld as appropriate based on improvement in symptoms.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his service-connected residuals of prostate cancer, right hip disorder, right knee disorder, and right ankle disorder.

The Board denied the Veteran's claims for service connection for hiatal hernia and a higher disability evaluation for prostate cancer, finding that new and material evidence had not been submitted to reopen these claims. The effective date of the 100% disability rating for prostate cancer was set at April 15, 2008.

The Board has remanded the case for additional development due to a hearing conducted by an undersigned Veterans Law Judge who did not fully explain the issues in the appeal and suggest necessary evidence. The Veteran is notified of what remains necessary for him to substantiate his claims, including exposure to herbicides in service.

The Veteran's appeal is being remanded for additional development to determine his employability due to service-connected disabilities, including PTSD and prostate cancer.

The Veteran's prostate cancer was not incurred in or aggravated by service and cannot be presumed to have been incurred therein.

The Board finds that the Veteran's prostate cancer residuals are related to in-service chemical exposures occurring during his period of active duty service at Pine Bluff Arsenal.

The Veteran's prostate cancer residuals are rated at 40 percent, the maximum available rating. His erectile dysfunction is not service-connected and thus does not warrant a compensable rating.

The Veteran's prostate cancer was not shown to have had its onset during service or be related to any in-service disease, injury, or exposure. The Board denied the claim as there is no evidence of record supporting a nexus between his current condition and his military service.

The Veteran's prostate cancer, hematuria, and hypercholesterolemia were not found to be related to service or herbicide exposure. The claims for these conditions are therefore denied.

The Board has remanded the case for further development, including requesting any available records pertaining to the Veteran's travel status to and from Thailand in July 1966 and July 1967, to include any potential Travel Voucher Forms (DD Form 1351-2).

The Veteran's genitourinary residuals of prostate cancer, including erectile dysfunction, urine leakage requiring absorbent materials changed several times daily, and voiding dysfunction resulting in three to four nocturia episodes, meet the criteria for a 40 percent evaluation from August 1, 2007.

The Veteran has withdrawn his appeal for service connection for prostate cancer due to in-service radiation exposure, and the claim is dismissed.

The Board finds that the Veteran did not have exposure to ionizing radiation or hazardous chemicals during service, and his claimed conditions are not related to active duty. The claims for service connection are denied.

The Veteran's additional disabilities were not caused by VA carelessness, negligence, or lack of proper skill during the August 2003 radical prostatectomy. The event was not reasonably foreseeable.

The Board has decided that the reduction of the Veteran's disability rating from 100 percent to 40 percent for prostate cancer residuals is not proper and has ordered further development.

The Veteran's prostate cancer, post radical prostatectomy, is being remanded for a new VA examination to determine the current severity of his disability. The case will be readjudicated after this additional development.

The Veteran's claim for service connection for erectile dysfunction, which is claimed to be secondary to his service-connected prostate cancer, has been remanded due to the need for a new VA examination to determine the nature and etiology of his erectile dysfunction.