The Board has remanded several issues related to the Veteran's service connection claims, including an earlier effective date for scars status post surgery for lung cancer and reopening of prostate disorder and bladder disorder claims. The remaining appeals are also being remanded.
The deciding factor: The decision is based on procedural deficiencies in addressing the Veteran’s entitlement to an earlier effective date for the award of service connection for his scars, as well as the need to consider additional evidence submitted by the Veteran following the March 2019 SOC.
- Claimed conditions
- scars status post surgery for lung cancer, prostate disorder (benign prostatic hyperplasia), bladder disorder, chronic obstructive pulmonary disease (COPD), erectile dysfunction, lung cancer, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20074145
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
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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.