The Veteran withdrew his appeal for increased ratings and the reduction of his service-connected residuals of prostate cancer, resulting in the dismissal of these issues.
The deciding factor: The Veteran explicitly and unambiguously withdrew his appeals during a virtual hearing, understanding the consequences of such action.
- Claimed conditions
- residuals of prostate cancer, fecal incontinence
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2021
- Citation
- 21062678
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 residuals of prostate cancer, finding no evidence that the Veteran's condition was related to his active military service or exposure to ionizing radiation.
- Granted
The Veteran was granted earlier effective dates for service connection of left lower extremity radiculopathy, sciatic nerve; right lower extremity radiculopathy, femoral nerve; and fecal incontinence, all from May 7, 2012. An increased rating of 20 percent for right lower extremity radiculopathy, sciatic nerve, was also granted effective November 30, 2018.
- Partly granted
The Board granted service connection for kidney cancer as secondary to the service-connected hypertension and granted a total rating based on individual employability due to service-connected disabilities from March 19, 2024. Other claims were denied.
- Remanded (sent back)
The Board remands the claim for service connection of residuals of prostate cancer to ensure that the case is forwarded to the Under Secretary for Benefits for consideration under 38 C.F.R. § 3.311.
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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.