The veteran seeks compensation under the provisions of 38 U.S.C.A. § 1151 for urinary incontinence as a result of VA treatment in 1990 and in 1998. The Board has remanded the case to determine if any VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department caused or permanently increased the severity of his urinary incontinence.
The deciding factor: The veteran's claim requires a determination of whether his current urinary incontinence is causally related to VA treatment and carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department.
- Claimed conditions
- urinary incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2006
- Citation
- 0605093
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 a disability rating in excess of 30 percent prior to November 21, 2024, and in excess of 40 percent thereafter for urinary incontinence.
- Partly granted
The Board granted service connection for left ear hearing loss, right knee pain (bilateral knee condition), left knee pain (bilateral knee condition), chronic right hip pain (bilateral hip condition), left hip condition (bilateral hip condition), rectal cancer (colon cancer), chronic fecal incontinence (bowel condition), and urinary incontinence. The claims for service connection for right ear hearing loss, ischemic heart disease, and diabetes mellitus Type II were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes, sleep apnea, prostate cancer, urinary incontinence, residuals of gallbladder removal, gout and low back disability, as well as entitlement to a TDIU prior to April 20, 2023, due to inadequate medical opinions.
- Granted
The Board granted service connection for prostate cancer status post radical prostatectomy, erectile dysfunction, urinary incontinence, gastroesophageal reflux disease, and an acquired psychiatric disorder.
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