The Veteran's claim for a higher rating for prostate cancer residuals is being remanded due to the failure of the Veteran to report for a scheduled VA examination. The case will be reconsidered with a new examination.
The deciding factor: The Veteran failed to report for a scheduled VA examination, which constitutes a pre-decisional duty to assist error.
- Claimed conditions
- adenocarcinoma of prostate, prostate cancer residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2023
- Citation
- A23036529
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 A23036529.
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 the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, which include stressor related disorder, prostate cancer residuals, surgical scar, and erectile dysfunction. The combined disability rating is at least 80 percent.
- Dismissed
The Veteran's claim for service connection for prostate cancer residuals was dismissed due to a duty to assist error identified in the prior rating decision, and the matter is being developed by the AOJ.
- Denied
The Board denied the Veteran's claim for service connection for prostate cancer and prostate cancer residuals, finding insufficient evidence of herbicide exposure during service to establish a direct link.
- Dismissed
The Veteran's appeal for a TDIU based on his service-connected prostate cancer residuals with urinary dysfunction is dismissed as moot because he is already receiving a 100% disability rating.
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