Prostate cancer decisions — 2015

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for additional disability claimed as due to surgery at the VA for the removal of his prostate in September 2005. The Board finds that further development is needed, including obtaining medical opinions regarding whether the VA's carelessness or negligence caused the Veteran's additional disabilities.

The Veteran's claim for an earlier effective date for the award of SMC for loss of use of a creative organ is denied as there was no prior pending claim or entitlement to service connection before December 17, 2009.

The Veteran's appeal for a TDIU is being remanded due to the need for additional medical examination and opinion regarding his employability given his service-connected disabilities.

The Board has granted service connection for tinnitus and has determined that the Veteran's residuals of prostate cancer, status post radical prostatectomy warrant a 20 percent rating effective from August 1, 2012.

The Board found that the reduction of the Veteran's prostate cancer evaluation from 100% to 20% was proper and an evaluation in excess of 20% is not warranted.

The Veteran's residuals of prostate cancer, status-post radiation therapy, are rated at 60 percent disabling due to continual urine leakage and urinary incontinence.

The Veteran's service connection for prostate cancer has been granted and rated at 60 percent, effective January 1, 2014. The issue of service connection for ischemic heart disease was withdrawn by the Veteran.

The Veteran's service-connected residuals of prostate cancer have not been manifested by a compensable degree of voiding dysfunction, urinary tract infection, or renal dysfunction at any time throughout the appeal period.

The Board denied the Veteran's claims for an earlier effective date and compensation under 38 U.S.C.A. § 1151, finding that there was no evidence of a pre-existing condition or VA negligence in diagnosing prostate cancer.

The Veteran's claims for service connection are being remanded due to the need for further development regarding radiation exposure and noise exposure.

The Veteran's prostate cancer claim is being remanded for additional development regarding potential radiation exposure in service and to determine if it is at least as likely as not that the condition resulted from such exposure.

The Veteran's appeal is being remanded due to his request for a hearing at an alternate location. The AOJ needs to explore all reasonable avenues for accommodating the Veteran's hearing request.

The Veteran's cause of death, prostate cancer, is not etiologically related to service, including his in-service exposure to ionizing radiation.

The Veteran's appeal is remanded for additional development, including obtaining VA clinical records from 2004 to present and a clinical opinion regarding whether the Veteran's reports of urinary frequency are due to his prostate cancer or its treatment. The clinician should also determine if there was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part by not providing yearly digital rectal examinations.

The Veteran's claim for an effective date prior to September 17, 2013 for the grant of service connection for radiculopathy of the left lower extremity is denied.,The Veteran's claim for a rating in excess of 10 percent for radiculopathy of the left lower extremity is denied.

The Board has remanded the Veteran's claim for additional development due to an inadequate July 2010 VA examination and because of SSA disability benefits.

The Veteran's prostate cancer residuals, including urinary frequency and occasional weak stream, did not meet the criteria for a higher initial rating in excess of 10 percent.

The Veteran's prostate cancer is not related to his military service, specifically his exposure to contaminated water at Camp Lejeune. The Board found that the evidence does not support a link between the Veteran's current condition and his time in service.

The Veteran's appeal is being remanded for additional development to obtain service treatment records and determine the relationship between his current disabilities and service.

The Board has granted service connection for prostate cancer, finding that the Veteran's exposure to herbicides during his military service is presumed.