The Board has remanded the claims for prostate cancer and its secondary disabilities due to pre-decisional duty to assist errors, including failure to obtain private medical records and an inadequate VA opinion. The appellant is seeking compensation under 38 U.S.C. § 1151 for prostate cancer and service connection for various disabilities as secondary to his prostate cancer.
The deciding factor: The Board found that the prior decision was flawed due to insufficient evidence regarding the timing of PSA level elevations, which may have impacted the determination of whether VA failed to diagnose or treat the underlying condition (prostate cancer).
- Claimed conditions
- Prostate Cancer, Erectile Dysfunction, Migraine Headaches, Right Shoulder Disability, Left Shoulder Disability, Right Hand Disability, Left Hand Disability, Back Disability, Right Leg Disability, Left Leg Disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2023
- Citation
- A23036424
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 A23036424.
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.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
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