The Board has remanded the Veteran's claims for service connection for impotency and urinary incontinence due to duty-to-assist errors, including failure to obtain relevant private treatment records and an inadequate VA examination.
The deciding factor: The decision is based on a review of the evidence at the time of the May 2019 rating decision and any new evidence submitted within 90 days of the Veteran's August 2020 hearing. The Board found that additional evidence was not considered due to duty-to-assist errors.
- Claimed conditions
- impotency, urinary incontinence
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- A20015952
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied a disability rating in excess of 30 percent prior to November 21, 2024, and in excess of 40 percent thereafter for urinary incontinence.
- Partly granted
The Board granted service connection for left ear hearing loss, right knee pain (bilateral knee condition), left knee pain (bilateral knee condition), chronic right hip pain (bilateral hip condition), left hip condition (bilateral hip condition), rectal cancer (colon cancer), chronic fecal incontinence (bowel condition), and urinary incontinence. The claims for service connection for right ear hearing loss, ischemic heart disease, and diabetes mellitus Type II were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes, sleep apnea, prostate cancer, urinary incontinence, residuals of gallbladder removal, gout and low back disability, as well as entitlement to a TDIU prior to April 20, 2023, due to inadequate medical opinions.
- Granted
The Board granted service connection for prostate cancer status post radical prostatectomy, erectile dysfunction, urinary incontinence, gastroesophageal reflux disease, and an acquired psychiatric disorder.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.