The Veteran's additional disability (radiation cystitis and urinary incontinence) was caused by VA's failure to obtain signed informed consent forms, which qualifies as a major deviation. The Court found that the Veteran was not credible in his statements regarding lack of discussion of potential complications.
The deciding factor: VA failed to obtain signed informed consent forms for the radiation therapy treatment, constituting a major deviation and thus qualifying as negligence or similar instance of fault.
- Claimed conditions
- Radiation cystitis, Urinary incontinence
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2013
- Citation
- 1328739
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 1328739.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Granted
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- Remanded (sent back)
The Board has decided to remand the issues of whether the character of the Appellant's discharge from service constitutes a bar to VA benefits, and the entitlements for PTSD, peripheral neuropathy, prostate disorders, and urinary incontinence. The decision also notes that less than one year has passed since the AOJ issued the rating decision on appeal.
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