The Veteran's urinary incontinence is not considered a qualifying additional disability under 38 U.S.C. § 1151 because it was caused by the September 25, 1995 radical prostatectomy and not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
The deciding factor: The Veteran's urinary incontinence is considered a side effect of his September 25, 1995 radical prostatectomy and was not caused by any fault or negligence on the part of VA.
- Claimed conditions
- Urinary Incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2018
- Citation
- 1818924
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 1818924.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for urinary incontinence, lumbar radiculopathy, and erectile dysfunction due to pre-decisional duty to assist errors. The claims will be reconsidered with new evidence and opinions.
- Granted
The Veteran is found to be eligible for enrollment in the PCAFC program due to his severe and complex medical conditions, which require personal care services.
- Denied
The Veteran's urinary incontinence is rated at 20 percent, requiring absorbent materials changed less than two times per day. The appeal for a higher rating is denied.
- Denied
The Veteran's service-connected disabilities alone do not render him so helpless as to require the regular aid and attendance of another person, resulting in a denial of SMC based on need for regular aid and attendance.
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