The Veteran's appeal was for a reduction in his disability rating from 100% to 40%, effective September 1, 2009. The RO reduced the rating but did not follow proper procedures as required by VA regulations. As such, the reduction is void ab initio and the original 100% rating for prostate cancer residuals must be restored.
The deciding factor: The RO failed to provide the Veteran with a pre-determination hearing within 30 days of informing him of the proposed reduction in his disability rating.
- Claimed conditions
- Prostate Cancer, Erectile Dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2014
- Citation
- 1426372
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 1426372.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for erectile dysfunction due to insufficient medical evidence and a need for a VA examination.
- Granted
The Board has granted service connection for Type II Diabetes Mellitus, Bilateral Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Erectile Dysfunction, and Bladder Cancer in remission. Effective dates have been set for these awards as of July 14, 2004. The Veteran's claim for higher initial disability ratings and earlier effective dates are being remanded.
- Granted
The Veteran's erectile dysfunction is found to have had its onset during service, and the Board grants service connection for this condition.
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