The appeal is remanded to the RO for further development and consideration of the claims for increased evaluations.
The deciding factor: Procedural defects require correction at the RO level, including addressing whether an extra-schedular rating is warranted.
- Claimed conditions
- adenocarcinoma of the prostate, status post radical perineal prostatectomy with urinary incontinence, impotence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904809
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.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus, hypertension, adenocarcinoma of the prostate, and erectile dysfunction due to inadequate toxic exposure risk activities (TERA) memoranda and a need for additional medical opinions.
- Denied
The Board denied the veteran's claims for increased ratings for various conditions, including impotence, headaches, cervical spine degenerative joint disease, and peripheral neuropathy of both upper and lower extremities.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory condition, diabetes, high blood pressure, sleep apnea, and impotence to ensure VA satisfies its duty to assist by providing the Veteran with VA examinations.
- Partly granted
The Veteran was granted a total 100 percent rating for adenocarcinoma of the prostate, beginning February 26, 2018, due to a PSA level above 4.0 indicating local recurrence.
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