The reduction in the disability rating of the Veteran's service-connected adenocarcinoma of the prostate status post radical retropubic prostatectomy from 100 to 20 percent, effective June 1, 2007, was proper.
The deciding factor: The medical evidence did not demonstrate a current hiatal hernia and the Veteran's depression associated with adenocarcinoma of the prostate status post radical retropubic prostatectomy was productive of an occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to fair sleep, depressed mood, dysthymic affect, slow speech, and lethargic psychomotor activity.
- Claimed conditions
- adenocarcinoma of the prostate, post-traumatic stress disorder (PTSD), depression associated with adenocarcinoma of the prostate, hiatal hernia, irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 9, 2009
- Citation
- 0904579
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
- Denied
The Board denied the claims for an initial compensable disability rating for right inguinal hernia surgery and service connection for a low back disability, as well as remanded the claims for service connection for GERD and entitlement to an increased rating for hypertension.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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