The claim for service connection for a prostate condition, diagnosed as benign prostate hypertrophy, status post TURP with history of chronic urinary retention is dismissed. The claims for service connection for peripheral neuropathy of the left and right lower extremities are remanded due to new evidence received since the March 2016 rating decision.
The deciding factor: The Veteran withdrew his claim for prostate condition, and the claims for peripheral neuropathy were remanded as there was new and material evidence submitted that related to an unestablished fact necessary to substantiate the claims.
- Claimed conditions
- Prostate condition, Peripheral neuropathy (left lower extremity), Peripheral neuropathy (right lower extremity)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073478
Veterans Law Judge
Decisions by this judge: 2,329 · Granted: 31% (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 20073478.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for service connection for prostate cancer was denied in an October 2023 rating decision. He subsequently filed a Supplemental Claim, and the RO granted service connection with an effective date of December 27, 2022, based on a September 2024 private opinion linking his prostatitis during service to his current prostate cancer.
- Denied
The Veteran's claim for effective dates prior to August 10, 2022 for peripheral neuropathy of the upper and lower extremities was denied. The Board found that no new and material evidence had been submitted within one year of the May 2004 rating decision.
- Granted
The Veteran's bilateral hearing loss is currently rated at 20 percent, but no higher. The Board finds that the evidence does not support a higher rating.,The Veteran's hypertension is currently rated at 10 percent. The Board finds that the evidence does not support a higher rating due to the ameliorative effects of medication.,The Veteran's lumbar spine IVDS status post compression fracture, right lower extremity radiculopathy, and left lower extremity radiculopathy are each rated at 40 percent. The Board finds that these ratings are appropriate based on the severity of his symptoms.,Service connection has been granted for abnormal renal function, erectile dysfunction, hypogonadism, prostate condition, and hernia due to exposure to toxic risk exposure activities (TERA) in service.
- Remanded (sent back)
The Veteran's appeal is remanded for further evaluation of service connection claims, including hypertension and peripheral neuropathy. The Board found that the evidence did not meet criteria for a compensable rating for hypertension.
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