The Board has identified a pre-decisional duty to assist error and must remand the issue of compensation under 38 U.S.C. § 1151 for loss of creative organ and nerve damage to groin area due to lack of full informed consent documentation.
The deciding factor: Informed consent was not properly obtained prior to the surgery, which is a requirement for compensation under 38 U.S.C. § 1151.
- Claimed conditions
- loss of creative organ, nerve damage to groin area
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2023
- Citation
- A23032083
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 A23032083.
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.
- Granted
The Board has granted service connection for benign prostate hypertrophy and loss of creative organ, finding that the Veteran's symptoms are related to his military service.
- Denied
The Board has denied service connection for testicular cancer, loss of creative organ, and infertility. Service connection for depression was also denied.
- Denied
The Veteran's claims for service connection for a prostate condition and loss of creative organ were denied as the evidence did not establish that these conditions began during service or are otherwise etiologically related to an in-service injury, event, or disease.
- Remanded (sent back)
The Veteran's claim for service connection for prostate cancer residuals is being remanded due to the need to obtain additional information from Camp Pendleton regarding potential herbicide exposure.
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