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
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.
- Denied
The Board denied service connection for vertigo, incontinence, and GERD due to the lack of evidence supporting current diagnoses. The claims for hematuria and hemorrhoids were remanded for further development.
- Denied
The Board denied the appeal to revise the July 1994 rating decision that denied service connection for incontinence and a bladder condition, finding no clear and unmistakable error.
- Granted
The Board granted presumptive service connection for prostate cancer, and service connection for erectile dysfunction and incontinence as secondary to the service-connected prostate cancer.
- Remanded (sent back)
The Board remands the claims for service connection due to pre-decisional duty to assist errors made by the AOJ.
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