The reduction from a 100% rating to a 60% rating for prostate cancer status post-prostatectomy was improper due to the lack of consideration of the provisions in 38 C.F.R. § 3.344.
The deciding factor: The AOJ did not consider whether the November 2014 VA DBQ examination was full and complete, nor did they find it reasonably certain that any material improvement found would be maintained under ordinary conditions of life.
- Claimed conditions
- Prostate cancer, Urinary incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 13, 2019
- Citation
- 19118086
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19118086.
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 Veteran's arteriosclerotic heart disease is rated at 100% effective October 25, 2024. His prostate cancer residuals are rated at 60% effective October 25, 2024.
- Granted
The Veteran's acquired psychiatric disorder and prostate cancer are granted service connection, with the latter requiring a VA examination to address exposure to burn pits.
- Granted
The Board has granted service connection for urinary incontinence and left ankle sprain, finding that the Veteran's current conditions are related to her military service.
- Denied
The Veteran's claim for service connection for hearing loss in the right ear has been denied. The Board found that there is no current diagnosis of right ear hearing loss and thus, cannot establish a link to service. For prostate cancer, the Veteran's claim is remanded as VA did not provide an opinion regarding whether his condition may be related to service due to toxic exposure.
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