The veteran's claim for a disability rating in excess of 60 percent for prostate cancer, status post radical prostatectomy, was denied as the evidence did not support a higher rating.
The deciding factor: The veteran's symptoms remained constant and were consistent with a 60 percent rating; no additional evidence supported a higher rating under the applicable criteria.
- Claimed conditions
- prostate cancer, status post radical prostatectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 12, 2009
- Citation
- 0901172
Veterans Law Judge
Decisions by this judge: 2,162 · Granted: 21% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0901172.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the claim for a total disability based on individual unemployability (TDIU) due to an internal discrepancy in the examination report regarding voiding dysfunction and erectile dysfunction, requiring clarification.
- Whole decision: Remanded (sent back)
The Board has remanded the issues of bilateral hearing loss, tinnitus, and prostate cancer residuals for further development. The Veteran's dermopathy associated with diabetes mellitus, type 2, and diabetes mellitus are already at their maximum schedular ratings.
- Whole decision: Dismissed
The Board dismissed the Veteran's claims for COPD, bilateral knee disability, and prostate cancer. The claim of service connection for tinnitus was granted.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's appeal for further development and to obtain additional medical opinions regarding his service-connected prostate cancer residuals, including a bladder neck contracture. The issues of entitlement to an evaluation in excess of 60 percent for service-connected residuals of prostate cancer and compensation under 38 U.S.C.§1151 for an additional disability as a result of VA-contracted radiation treatments are remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.