The Board denied the Veteran's claims for restoration of a 100% rating and an increased rating for prostate cancer, as well as his request for an earlier effective date for discontinuance of withholding military retirement pay from VA disability benefits. The evidence did not support the requested higher ratings or earlier effective dates.
The deciding factor: The medical evidence showed no current evidence of reoccurrence of the prostate cancer or associated metastases, which is required to meet the criteria for a higher rating under Diagnostic Code 7528.
- Claimed conditions
- post-operative residuals of prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 23, 2009
- Citation
- 0940284
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 0940284.
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.
- Remanded (sent back)
The Veteran's appeal for a compensable initial evaluation for service-connected post-operative residuals of prostate cancer is being remanded due to the need for further medical examination and review.
- Dismissed
The Veteran's appeal was dismissed due to his death, and no rating decision has been issued for the post-operative residuals of prostate cancer.
- Denied
The Veteran's service-connected post-operative residuals of prostate cancer is currently rated at 40 percent, effective March 15, 2013. The Board found that the evidence did not support a higher rating due to his voiding dysfunction requiring absorbent materials changed no more than 2-4 times per day.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions and missing VA treatment records. The Veteran's claim for service connection for post-operative residuals of prostate cancer will be further evaluated after obtaining additional evidence.
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