The Board dismissed the appeal of a proposed reduction in the evaluation of prostate cancer from 100 percent to 40 percent because it was not an actual decision on the merits and thus lacked jurisdiction.
The deciding factor: The Board found that the September 2019 rating decision proposing a reduction was only notification, not a final decision, and therefore did not constitute a justiciable case or controversy.
- Claimed conditions
- prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2020
- Citation
- A20015324
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.