Prostate cancer decisions — 2013

The Board has remanded the case for further development regarding the appellant's exposure to herbicides and service connection for prostate cancer. The issue of special monthly compensation based on loss of use of a creative organ is also being remanded.

The Veteran was granted service connection for type II diabetes mellitus and prostate cancer, both presumed to be due to herbicide exposure in Vietnam. However, the issue of service connection for bladder cancer is pending as it remains unclear if it is related to his service-connected prostate cancer.,Bladder cancer secondary to prostate cancer is not a presumptive condition under VA regulations.

The Veteran's appeal is being remanded for additional development due to the passage of time and his assertions that his prostate cancer residuals have worsened.

The Veteran's prostate cancer was not incurred in service and cannot be presumed to have been incurred due to exposure to herbicides, including Agent Orange. The Board found insufficient evidence of exposure to inland waterways or land in Vietnam.

The Veteran seeks service connection for prostate cancer, claimed as due to ionizing radiation exposure. The case has been remanded for further development and consideration of the dose estimate.

The Board denied the Veteran's claims of service connection for prostate cancer and diabetes mellitus, type II, finding that there was no evidence to support a nexus between his active duty and these conditions. The Board also found that he did not have any inservice exposure to herbicides.

The Veteran's appeal is remanded due to the need for a new VA examination and issuance of a Statement of the Case regarding his erectile dysfunction claim.

The Veteran's prostate cancer and skin cancer are being remanded for further development due to the need to apply special procedural framework under 38 C.F.R. § 3.311, as they may be related to ionizing radiation exposure in service. The heart disability and sleep apnea claims also require additional development regarding whether these conditions are secondary to his service-connected restrictive ventilatory defect.

The Veteran's cause of death was a neuroendocrine tumor. The VA examiner found that the lung cancer substantially contributed to his death and diabetes mellitus, type 2, aided in the production of his death.

The Veteran's appeal is being remanded for additional development due to a request for an in-person hearing before the Board. The rating reduction and prostate cancer rating issues are still under consideration.

The Veteran's residuals of prostate cancer are rated at 40 percent since January 12, 2010. The rating is based on urinary retention requiring the use of absorbent materials which must be changed two to four times a day.

The RO reduced the Veteran's evaluation for prostate cancer from 100% to 10%, effective July 1, 2006. In February 2013, a 40% rating was assigned.,From July 1, 2006 through November 13, 2011, the Veteran's residuals of prostate cancer resulted in urinating five to six times daily and nocturia twice per night; however, no appliance or absorbent materials for urine leakage were required. Since November 14, 2011, the Veteran has not required an appliance or absorbent materials for urine leakage.

The Veteran's service-connected residuals of prostate cancer are manifested by awakening to void two times per night, and erectile dysfunction. The criteria for an evaluation in excess of 10 percent have not been met.

The Veteran's prostate cancer is not service connected as it was not caused by exposure to ionizing radiation in service.,Service connection for the Veteran's colon disorder, which he claims is related to his in-service radiation exposure, is granted.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, residuals of frost bite, chronic depression, a nonspecific headache disability (claimed as chronic migraines), fatigue syndrome, and prostate cancer are all denied. The Veteran also had his PTSD rating increased to 30 percent effective July 27, 2006, but the claim for an earlier effective date is denied.

The Veteran's prostate cancer was not incurred or aggravated by service, and may not be presumed to have been incurred therein. The Board found that the Veteran did not meet the criteria for presumptive exposure to herbicides due to his proximity to Vietnam without physical presence.

The Veteran's claim for an increased rating for prostate cancer with prostatectomy is being remanded due to incomplete medical records and further examination.

The Board found no evidence of herbicide exposure in Korea and denied service connection for both Type II diabetes mellitus and prostate cancer.

Service connection for prostate cancer residuals was granted with a 10% initial disability rating effective from August 20, 2007. The Veteran's prostate cancer residuals included occasional urinal 'dribbling' that did not require the use of absorbent material, nocturia requiring voiding twice per night, and daytime urinary frequency requiring voiding approximately once every two to two and a half hours prior to May 28, 2013.,From May 28, 2013 onwards, service connection for prostate cancer residuals was granted with a 20% initial disability rating. The Veteran's prostate cancer residuals included ongoing urinal 'dribbling' that still did not require the use of absorbent material, nocturia requiring voiding four times per night, and daytime urinary frequency requiring voiding approximately once every one to two hours.

The Board has remanded the case for additional development, including obtaining VA and private medical records related to the Veteran's leukemia and prostate cancer. The issues of service connection are being considered again.