Prostate cancer Board decisions

The Board finds that the service-connected prostate cancer contributed to the Veteran's death due to advanced kidney cancer, and grants service connection for the cause of death.

The Veteran's residuals of prostate cancer, status-post radical prostatectomy, are currently rated at a 60 percent evaluation effective August 1, 2008.

The Board has determined that the reduction of the Veteran's prostate cancer rating from 100% to 60%, effective May 1, 2009 was not proper due to insufficient evidence regarding the presence or absence of metastasis.

The case is being remanded for additional development, including obtaining VA treatment records and confirming the Veteran's alleged in-service exposure to radiation or chemicals. The Veteran will also be afforded a new examination for his service-connected PTSD.

The Board found no evidence of a nexus between the Veteran's current disabilities and service, including on a continuity of symptomatology basis. Therefore, the claims for service connection were denied.

The Veteran's prostate cancer residuals did not require the use of absorbent materials or necessitate voiding every two to three hours during the day or twice each night prior to November 8, 2007. As of November 8, 2007, his residuals did not meet criteria for a higher rating.

The Veteran's prostate cancer residuals are rated at 40 percent effective October 22, 2008. The Veteran does not meet the criteria for a higher rating during this period.

The Veteran's initial claim for service connection was granted in April 2008, and a 0% rating was assigned effective August 8, 2007. The VA found that the Veteran did not have any urinary symptoms or renal dysfunction prior to August 17, 2010, when he reported experiencing nocturia three times per night and daytime voiding every two hours. As a result, a 20% rating was assigned effective August 17, 2010.

The Veteran's appeal is being remanded to the RO for scheduling a hearing due to his failure to appear at an earlier scheduled hearing. The issues of service connection and increased rating are pending.

The Board has determined that the reduction in the rating for prostate cancer with erectile dysfunction from 100 to 0 percent effective June 1, 2007 was appropriate due to a recurrence of the prostate cancer. The Veteran's disability is now rated as 100 percent effective June 1, 2007.

The Board denied the Appellant's petitions to reopen her claims for service connection for the cause of the Veteran's death and Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318, finding no new and material evidence to support these claims.

The Board has granted restoration of a 100 percent disability rating for prostate cancer and dismissed the appeal regarding an increased disability rating for prostate cancer in excess of 20 percent.

The Board has decided to remand the case for additional development, including obtaining terminal treatment records and private treatment records from various facilities. The appellant's claim will be reconsidered after these records are obtained.

The Board denied the Veteran's claims for service connection for immune deficiency, non-Hodgkin's lymphoma, and prostate cancer as they were not incurred or aggravated due to active duty service. The evidence did not establish a current disability.

The Veteran's claims for service connection for prostate cancer and erectile dysfunction secondary to prostate cancer are denied as he did not have qualifying active military service in Vietnam, and there is no evidence of a nexus between his current conditions and service.

The Veteran's appeals for increased ratings for PTSD and prostate cancer were denied, as the claims are considered withdrawn due to his request. The appeal for a compensable rating for erectile dysfunction is pending.

The Board has determined that the Veteran's service-connected disabilities alone render him unemployable, and thus grants a TDIU rating.

The Veteran's prostate cancer was not incurred in or aggravated by active service, and may not be presumed to have been incurred in service. The Board found no reasonable possibility that the Veteran's prostate cancer can be attributed to radiation exposure during service.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on a need for aid and attendance or housebound status due to his non-service-connected conditions.