The Board has determined that the reduction of the disability rating for residuals of prostate cancer with chronic cystitis of the bladder from 100 percent to 20 percent was improper and void ab initio due to failure to comply with procedural requirements.
The deciding factor: The RO failed to meet the procedural requirements under 38 C.F.R. § 3.105(e) for reduction of the schedular disability rating, specifically failing to consider additional evidence submitted by the Veteran before issuing its July 2008 rating decision.
- Claimed conditions
- residuals of prostate cancer, chronic cystitis of the bladder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 18, 2014
- Citation
- 1427717
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 1427717.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted effective dates of May 14, 2021 for service connection of residuals of prostate cancer and erectile dysfunction.
- Remanded (sent back)
The Veteran's claim for a compensable rating for residuals of prostate cancer is being remanded due to the failure to obtain all relevant records, including those from non-VA urology providers.
- Granted
The Veteran's residuals of prostate cancer are rated at 60 percent, and he is granted a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Dismissed
The Veteran withdrew his appeal for service connection for residuals of prostate cancer, ED as secondary to prostate cancer, and overactive bladder and incontinence status post total prostatectomy (claimed as bladder leakage) as secondary to prostate cancer.
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