The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not support a finding that there was additional disability caused by a delay in treatment or a botched procedure.
The deciding factor: The medical opinions provided indicate that the delay between 1997 and 1999 did not cause additional disability, and any potential issues with the prostatectomy were due to natural progression of the disease rather than negligence on VA's part.
- Claimed conditions
- Prostate cancer, Positive margins
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2010
- Citation
- 1040562
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 1040562.
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.
- Granted
The Board restored the Veteran's 100 percent disability rating for his service-connected prostate cancer, effective September 1, 2024.
- Partly granted
The Board denied a higher disability rating for PTSD and granted service connection for lumbosacral strain, while denying service connection for prostate cancer, erectile dysfunction, hypertension, and nuclear sclerosis and dry eye syndrome.
- Dismissed
The appeals for service connection and higher initial rating were dismissed due to concurrent election of review options.
- Remanded (sent back)
The Board remands the claim for a retrospective VA medical opinion to determine if the Veteran's Parkinson disease, prostate cancer, or OSA are related to his service.
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.