Prostate cancer decisions — 2014

The Board found no service connection for prostate cancer or kidney stones due to lack of evidence linking these conditions to the Veteran's military service.

The Veteran's unauthorized medical expenses incurred at a private hospital on February 17, 2010 are granted as the treatment was in an emergency situation and VA facilities were not feasibly available.

The Veteran's prostate cancer status post radical prostatectomy is rated at 40 percent disabling since May 18, 2011. The disability is manifested by daytime voiding intervals of less than one hour and nocturnal voiding three to four times per night.

The Veteran's claim for an evaluation in excess of 40 percent for the service-connected residuals of prostate cancer, to include a total disability rating based on unemployability (TDIU), is being remanded due to issues related to SSA disability benefits and functional impact on employment.

The Board has determined that the reduction of the evaluation for prostatitis from 10% to noncompensable was proper based on evidence showing that the Veteran's prostate had been removed and his current voiding symptoms were linked to a prostatectomy for prostate cancer.

The Veteran's claim for service connection for arteriosclerotic heart disease, status post myocardial infarction was denied as there is no evidence of the condition during or within one year after his service. The Board found that the Veteran did not have a current disability and could not establish a link to service.

The Veteran's kidney and testicular conditions are not related to service, including exposure to jet fuel or herbicides. Service connection is denied.

The Board has reopened the claim for service connection for prostate cancer, finding that new evidence supports a diagnosis of adenocarcinoma of the prostate. The Veteran's exposure to ionizing radiation during Operation REDWING is recognized, and service connection is granted.

The Board denied reopening the claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, despite the appellant alleging exposure to herbicides. The Board found that there was no in-country service in Vietnam during the Veteran's military career.

The Veteran's claim for service connection for prostate cancer is being remanded due to the need for a VA examination and development of his claim.

The Board has remanded the case for further development due to new evidence submitted by the Veteran and issues related to herbicide exposure.

The Board denied service connection for diabetes and prostate cancer, both of which were found to be not related to the Veteran's military service. The denial was based on a lack of qualifying service in Vietnam and no evidence of herbicide exposure.

The Veteran's prostate cancer was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated. The Board found that the Veteran did not serve in Vietnam, thus precluding presumptive service connection for his condition.

The Veteran's claim for an effective date earlier than April 29, 2010 for the grant of service connection for prostate cancer is denied as the controlling date is the date of claim on April 29, 2010.

The Board has denied service connection for residuals of bladder cancer due to asbestos exposure.,Service connection is pending for prostate cancer and hepatitis C, both potentially related to in-service asbestos exposure.

The Veteran's prostate cancer residuals have resulted in a 60 percent disability rating from August 2009 to September 2010, based on the predominant residual being voiding dysfunction. The right total knee replacement has been rated at 30 percent since its initial grant.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected prostate cancer residuals and whether his loss of use of a creative organ warrants higher compensation.

The Board found no evidence of the Veteran's exposure to Agent Orange during service, and thus denied his claim for service connection for prostate cancer due to Agent Orange exposure.

The Veteran's appeal was dismissed due to the death of the Veteran, and his widow requested substitution as the appellant. The issue of entitlement to service connection for high cholesterol has been withdrawn by the Veteran.

The Veteran's claim for a higher rating for prostate cancer residuals, including extra-schedular considerations, was granted. The highest schedular rating available (100%) is awarded.