Prostate cancer Board decisions

The Veteran's claim for a higher rating for prostate cancer and service connection for erectile dysfunction and breast disorder secondary to his prostate cancer was denied. The RO assigned a 100% evaluation for the Veteran's status post brachytherapy, history of prostate cancer effective March 28, 2006.

The Board has determined that the Veteran's type 2 diabetes mellitus and prostate cancer are service-connected due to exposure to herbicides during his active duty in Vietnam.

The Veteran's service-connected residuals of prostate cancer have been rated at 40 percent since October 14, 2008. The VA examiner found that the Veteran had voiding dysfunction and urine leakage requiring the wearing of absorbent materials two to three times per day.

The Veteran's prostate cancer is presumed to have been incurred in service due to exposure to herbicide agents, and his claim for service connection is granted.

The Veteran's claim for service connection for right ear hearing loss is denied. The claims of service connection for heart murmur and prostate cancer due to herbicide exposure are pending as the evidence is insufficient to establish a nexus between these conditions and service.

The Board denied the Veteran's claim of entitlement to service connection for prostate cancer due to Agent Orange exposure because no new and material evidence was submitted, and there is no credible evidence that the condition began in service or within a presumptive period.

The Veteran's claims for prostate cancer, skin cancer, and thyroid cancer due to radiation exposure are being remanded for further development. The claim for retained metallic fragments in the left hand is also being remanded.

The Veteran is not entitled to a higher disability rating for residuals of prostate cancer prior to April 4, 2005 or since April 4, 2005.,The Veteran is not entitled to a compensable disability rating for erectile dysfunction.

The Veteran's prostate cancer was active and warranted a 100% rating from April 29, 2002 to June 8, 2004 due to clear and unmistakable error in the initial noncompensable rating decision.

The Veteran's appeal is remanded due to the need for a VA examination and additional VCAA notice. The case will be returned to the Board after these actions are completed.

The Board has determined that the Veteran's prostate cancer, diabetes mellitus Type 2, and back disorder were not incurred in or aggravated by service and may not be presumed to have been incurred in service, including as a result of exposure to mustard gas or Lewisite.

The Veteran's prostate cancer, status post radical prostatectomy, is currently rated at 40 percent and the RO has determined that a higher evaluation is warranted.

The veteran's claims for service connection for various conditions, including prostate cancer, diabetes mellitus, peripheral neuropathy, hypertension, diabetic retinopathy, and skin cancer, as the result of exposure to herbicides are denied.

The reduction in the rating for prostate cancer from 100 percent to 10 percent was proper, and the effective date remains October 1, 2006.

The Board has determined that the appellant's application for retroactive benefits under Chapter 35 was timely filed, and therefore grants this issue.

The Veteran's prostate cancer was not incurred in or aggravated by active service, and there is no competent evidence of a nexus between his prostate cancer and service. The Board finds that the preponderance of the evidence is against the claim.

The Board denied the appellant's claims for service connection for Paget's disease and prostate cancer for accrued benefits purposes, finding that these conditions were not incurred or aggravated by military service.

The Board denied the Veteran's claims for service connection for peripheral neuropathy and prostate cancer, finding that new and material evidence had not been submitted to reopen these previously denied claims.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus and prostate cancer, finding no credible evidence of herbicide exposure in Vietnam. The conditions were not shown to be related to his active duty service.

The Veteran's claims for service connection for type II diabetes mellitus and prostate cancer are being remanded due to the need for additional development, including verification of herbicide exposure.