The Veteran's reduction from a 100 percent disability rating to a 60 percent disability rating for service-connected residuals, status post TURBT from prostate cancer with metastasis to the bladder was proper. The appeal regarding higher evaluation and separate compensable rating for fecal incontinence is denied.
The deciding factor: The reduction of the disability rating was by operation of law due to the temporal element of DC 7528, which requires a mandatory VA examination at the expiration of six months following completion of any surgical, X-ray, antineo-plastic chemotherapy or other therapeutic procedure. The Veteran is not entitled to an increased evaluation for fecal incontinence as there is no associated renal dysfunction.
- Claimed conditions
- Prostate cancer with metastasis to the bladder, Fecal incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2017
- Citation
- 1747262
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 1747262.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for a bladder disability and fecal incontinence as secondary to the Veteran's service-connected left lower extremity weakness, residual of stroke/TIA associated with diabetes mellitus type II.
- Granted
Service connection is granted for an acquired psychiatric disability, sleep apnea (OSA), and fecal incontinence. The appeals for secondary service connection are remanded.
- Remanded (sent back)
The Board has decided to remand the case due to the need for further development and readjudication, specifically regarding whether the Veteran's fecal incontinence is secondary or aggravated by his radiation therapy for prostate cancer.
- Denied
The Veteran's combined service-connected disability rating is 50%, which does not meet the criteria for a schedular TDIU. The Board has referred the issue of entitlement to a TDIU on an extraschedular basis under 38 C.F.R. § 4.16(b) to the Director, VA Compensation Service.
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