The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability, including incontinence and an abnormal prostate condition, allegedly due to VA-provided radical retropubic prostatectomy performed in October 1997.
The deciding factor: The veteran's claim is being remanded for a medical opinion regarding whether the current disabilities are related to the VA surgery and if so, whether they were caused by carelessness, negligence, or other fault on the part of VA.
- Claimed conditions
- incontinence, abnormal prostate condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2005
- Citation
- 0500077
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0500077.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error and needs additional medical opinions regarding the relationship between the Veteran's service-connected lumbar spine disability and his incontinence.
- Denied
The Veteran's appeal for special monthly compensation and service connection was denied due to a late filing of the Board Appeal request.
- Dismissed
The Veteran's appeal for earlier effective dates and increased ratings has been withdrawn by the Veteran's attorney, resulting in the dismissal of the appeal.
- Granted
The Board has granted service connection for incontinence and a left knee condition as secondary to the Veteran's service-connected vaginitis and intervertebral disc syndrome, respectively.
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