The Veteran's prostate cancer residuals are rated at 60% from January 1, 2019. The Board found that the evidence is in equipoise as to whether the Veteran's voiding dysfunction requires absorbent materials changed more than four times per day.,The Veteran's lumbar spine disability was remanded for a VA examination testing range of motion on active and passive motions, weight-bearing, and non-weight bearing. The VA examiner did not comply with these requirements.
The deciding factor: The evidence is in equipoise as to whether the Veteran's prostate cancer residuals require absorbent materials changed more than four times per day.,The VA examiner did not provide range of motion measurements for weight-bearing and non-weight bearing, which were required by the Board's remand instructions.
- Claimed conditions
- Prostate Cancer Residuals, Degenerative Disc Disease of the Lumbar Spine, Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2021
- Citation
- 21074998
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 21074998.
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.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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