The VA denied the veteran's claim for disability compensation under 38 U.S.C.A. § 1151 due to lack of proximate cause and failure to obtain informed consent, as the Board found that the additional disabilities were not caused by VA carelessness or negligence.
The deciding factor: VA did not exercise the degree of care expected from a reasonable health care provider in providing medical care, nor was there evidence of informed consent for the procedures performed.
- Claimed conditions
- Prostate cancer, Infection, Fecal Incontinence
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2006
- Citation
- 0628335
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (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 0628335.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's arteriosclerotic heart disease is rated at 100% effective October 25, 2024. His prostate cancer residuals are rated at 60% effective October 25, 2024.
- Granted
The Veteran's acquired psychiatric disorder and prostate cancer are granted service connection, with the latter requiring a VA examination to address exposure to burn pits.
- Denied
The Veteran's claim for service connection for hearing loss in the right ear has been denied. The Board found that there is no current diagnosis of right ear hearing loss and thus, cannot establish a link to service. For prostate cancer, the Veteran's claim is remanded as VA did not provide an opinion regarding whether his condition may be related to service due to toxic exposure.
- Denied
The Veteran's prostate cancer residuals prior to January 5, 2026 are rated at 10 percent. From January 5, 2026, the Veteran is granted a 20 percent rating for his prostate cancer residuals. The Veteran's left ear hearing loss is not compensable.
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