The veteran's case must be remanded to the RO for scheduling a videoconference Board hearing due to his request and the need to comply with due process.
The deciding factor: The case was remanded to ensure that the veteran receives a fair opportunity to present evidence at a hearing, as per 38 U.S.C.A. § 7107 and 38 C.F.R. §§ 19.75, 19.76, 20.703, 20.704.
- Claimed conditions
- prostate cancer, loss of use of a creative organ
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904038
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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Veteran is granted an effective date of April 25, 2014, for service connection for prostate cancer.
- Remanded (sent back)
The Board remands the issue of service connection for prostate cancer to obtain an addendum opinion addressing the Veteran's toxic exposure risk activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.