Prostate cancer decisions — 2013

The Board finds that the reduction of the Veteran's rating for prostate cancer from 100 percent to noncompensable effective December 1, 2008 was in accordance with VA regulations and procedures. The Veteran's residuals of prostate cancer warrant a compensable rating of 10%.

The Veteran seeks compensation under the provisions of 38 U.S.C.A. � 1151 for prostate cancer and service connection for erectile dysfunction, claimed as secondary to prostate cancer. The case is being remanded for further development including obtaining VA treatment records and a medical opinion regarding whether additional disability resulted from carelessness or negligence on the part of VA caregivers.

The Veteran's claim for an earlier effective date for prostate cancer was denied as there is no evidence of a prior claim or entitlement to service connection before October 10, 2006.

The Board has remanded the Veteran's claims for service connection for Type II diabetes mellitus and prostate cancer, both claimed as the result of herbicide exposure, to allow for additional development.

The Board has determined that the Veteran's service-connected residuals, prostate cancer, are manifested by continual urine leakage requiring the wearing of absorbent materials that must be changed more than four times per day since December 1, 2007. The disability is rated at a 60 percent rating.

The Board has determined that the Veteran did not have a chronic skin disorder of his feet, recurring cysts, or a right hip disorder at any time between his filing of a claim for service connection and his death. Therefore, these claims are denied.

The Veteran's claim for service connection for bladder cancer, prostate cancer, and cancer of the abdominal wall is being remanded due to incomplete development. The VA will obtain records regarding possible radiation exposure during service and determine if there is a link between such exposure and his cancers.

The Veteran's claim for an effective date prior to March 15, 2007, for the grant of service connection for prostate cancer was denied as his informal claim was received on that date.

The Veteran claims service connection for prostate cancer and erectile dysfunction, which he asserts are secondary to his service-connected BPH/prostatitis. The case is being remanded for further medical examination and opinion.

The Board has remanded the claims for service connection of prostate cancer and bladder cancer for the purpose of accrued benefits, as well as the claim for cause of death. The Appellant must provide additional evidence or authorize VA to obtain relevant records, including medical records from Duke University Medical Center.

The Board denied service connection for prostate cancer and atrial fibrillation, finding that there was no evidence of a direct relationship between the conditions and service. The opinions from VA and VHA specialists supported this conclusion.

The Veteran's claim for service connection for prostate cancer was not received within one year of his discharge from service, and the earliest effective date is March 31, 2010.

The Veteran does not have post-operative residuals of an esophageal stricture, loss of teeth, or residuals of prostate cancer as a result of his service. The Board finds that the evidence is against entitlement to service connection for any of the claimed disabilities on a direct basis.

The Board has determined that the Veteran does not have a current disability manifested by prostate cancer, bladder disorder, sinus disorder, or dry cough that can be causally linked to his military service. The claims are denied.

The Veteran's claim for service connection for bilateral hearing loss, prostate cancer residuals, and erectile dysfunction was denied as there is no current diagnosis of hearing loss in accordance with VA standards.

The Veteran's claim for an effective date prior to January 26, 2007, for a compensable rating of his prostate disability was granted. The effective date is set at the date service connection was established on August 4, 2006.

The Veteran's residuals of prostate cancer are rated at 20 percent disabling. The Board has determined that the Veteran should be rated based on voiding dysfunction, as there is no local reoccurrence or metastasis. The VA examination revealed urinary frequency with daytime voiding interval between two and three hours and nocturia x 3 times per night, warranting a 10 percent disability rating.

The Veteran's appeal for a higher initial disability rating for prostate cancer with erectile dysfunction was denied. The Board found that the evidence did not support a rating in excess of 60 percent, as there was no renal dysfunction to warrant such a rating. For TDIU, the Veteran met the schedular criteria but his service-connected disability did not preclude him from securing or following a substantially gainful occupation.

The Veteran has withdrawn his appeals, and all issues are dismissed.

The Veteran's prostate cancer was not incurred in or aggravated by service, nor may it be presumed to have been so incurred. The Board found the evidence does not support a finding of herbicide exposure during service and thus denied service connection.