The Veteran's claim for a higher rating for prostate cancer residuals was granted, with a 40 percent rating effective from November 1, 2010.,The Veteran's claim for an initial compensable rating for chronic constipation was denied. The Board found that the Veteran’s symptoms did not meet the criteria for a higher disability rating.
The deciding factor: The evidence does not show any local reoccurrence or metastasis of prostate cancer, so the Veteran is no longer eligible for a 100 percent rating under DC 7528. The residuals are rated as voiding dysfunction and the Veteran's symptoms do not warrant a higher than 40 percent disability rating.
- Claimed conditions
- chronic constipation, prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 6, 2020
- Citation
- 20000721
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Veteran is granted an effective date of April 25, 2014, for service connection for prostate cancer.
- Remanded (sent back)
The Board remands the issue of service connection for prostate cancer to obtain an addendum opinion addressing the Veteran's toxic exposure risk activities.
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