The Board has remanded the case due to insufficient examination opinions and for further development. The Veteran's bladder cancer, BPH, and erectile dysfunction are being evaluated under presumptive service connection based on exposure to contaminated water at Camp Lejeune.
The deciding factor: The effective date cannot be backdated prior to March 14, 2017 due to the change in VA regulations allowing for the presumption of service connection for bladder cancer and BPH due to Camp Lejeune contamination. However, the Veteran may still be entitled to an earlier effective date under direct service connection.
- Claimed conditions
- Bladder Cancer, Enlarged Prostate (BPH), Erectile Dysfunction
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081640
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 Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Partly granted
The Board granted a 70 percent disability rating for PTSD with MDD, service connection for erectile dysfunction as secondary to the service-connected condition, and SMC based on the need for regular aid and attendance. However, it denied SMC based on housebound status.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board denied an increased evaluation for the Veteran's psychiatric disability and granted TDIU beginning April 5, 2022.
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