Prostate cancer Board decisions

The Board found that the RO appropriately discontinued the 100% rating for residuals of prostate cancer and assigned a 0% rating from December 1, 2006 to January 31, 2010, and a 10% rating thereafter. The Veteran's condition was stable with no recurrence of prostate cancer.

The Veteran's service-connected prostate cancer substantially contributed to his death from upper gastrointestinal bleed, esophageal varices, and non-alcoholic hepatic cirrhosis. The Board grants service connection for the cause of death.

The Board denied the appellant's claim of entitlement to service connection for the cause of the Veteran's death, finding that there was no evidence of in-service prostate cancer or exposure to herbicides. The Board concluded that the Veteran died from prostate cancer which did not have a direct link to his military service.

The Veteran's claim for an effective date prior to February 24, 2005 for the grant of service connection for prostate cancer was denied as there is no legal basis for an earlier effective date.

The Veteran's claim for a rating in excess of 60 percent for prostate cancer, to include restoration of a 100 percent rating, is denied. The Board finds that the reduction from 100 percent to 60 percent was proper and there is no basis for restoring the previous 100 percent evaluation.

The Board has determined that the Veteran's genitourinary disorder, claimed as chronic bladder infection resulting from prostate cancer, is not service-connected. Service connection for left ear hearing loss was established, while right ear hearing loss is not service-connected.

The Veteran's appeal for service connection for prostate cancer has been dismissed due to the death of the appellant.

The Veteran's appeal for service connection for residuals of prostate cancer was denied as there is no evidence of prostate cancer or its residuals in the record.

The Veteran seeks service connection for prostate cancer, which he claims is related to his exposure to herbicides during his service in the Republic of Vietnam. The Board has determined that additional development is needed to verify whether the Veteran was physically present in Vietnam and thus entitled to presumptive service connection.

The Veteran's prostate cancer, diagnosed after service and requiring a radical prostatectomy, is presumed to have been incurred due to herbicide exposure during his service in Vietnam.

The Board denied the Veteran's claims for an initial rating in excess of 40 percent for residuals of prostate cancer and a prior effective date, finding that his symptoms did not warrant higher ratings. The Veteran was not entitled to earlier service connection based on the Nehmer class action lawsuit.

The Veteran's combined disability rating meets the threshold for a TDIU, and his service-connected disabilities render him unable to maintain substantially gainful employment. The claim for residuals of a CVA is dismissed.

The Veteran's service connection claim for residuals of bladder cancer, claimed as due to exposure to ionizing radiation, is granted. The Board finds the Veteran was a 'radiation-exposed veteran' and his current residuals of bladder cancer are presumptively related to his military service in Nagasaki, Japan.

The Board denied increased ratings for cervical spine degenerative joint disease, lumbar spine degenerative joint disease, and residuals of prostate cancer.

The Board has determined that the reduction from a 100% disability rating to a 20% disability rating for residuals of prostate cancer, status-post radiotherapy, was proper. The Veteran's service-connected disabilities have been rated based on their predominant area of dysfunction.

The Board has granted service connection for the Veteran's prostate cancer, finding that his exposure to carbon tetrachloride during service is linked to his development of prostate cancer.

The Veteran's prostate cancer required immediate surgery, and VA facilities were not feasibly available to provide it in a timely manner. The Board finds the Veteran eligible for reimbursement of unauthorized medical expenses incurred from October 17, 2007, to October 22, 2007.

The Veteran's low back disability and associated radiculopathy are rated at 20 percent since July 23, 2009. The prostate cancer residuals are rated at 60 percent effective from the date of service connection (November 1991). The left knee patella pain syndrome is rated as noncompensable.

The Board found that the discontinuance of the initial 100% rating for prostate cancer was proper, and granted a higher initial disability rating of 40% for residuals of prostate cancer with erectile dysfunction since May 1, 2009.

The Board has restored service connection for residuals of prostate cancer, bilateral orchiectomy, and erectile dysfunction, as well as SMC for anatomical loss of a creative organ and basic eligibility to DEA under the provisions of 38 U.S.C.A. Chapter 35.